Category: Washington Workers’ Compensation
Tips and Tricks for Independent Medical Exams (IMEs)
Independent medical examinations (IMEs) are a great tool for claims examiners to use in processing at the beginning, middle, and end of claim. They are…
As COVID-19 Pandemic Continues, Washington’s Department of Labor & Industries Continues to Adapt
As the COVID-19 pandemic endures and uncertainty surrounds vaccine roll outs, the virus continues to impact our everyday lives and how we conduct our businesses….
Washington Legislature Begins 2021 Session: Senate Bill 502
The Washington Legislature started its 2021 session on January 11, 2021 and recently began deliberations on several bills including Senate Bill 5102 which includes numerous…
Reflecting on 2020 and Looking Ahead to 2021
The past year brought many changes within the world of Washington workers’ compensation. Some changes were planned, such as the Department’s updated forms and templates…
New Year, New Restrictions On IMEs in Washington
New Year, New Restrictions On IMEs in Washington With the new year, comes new restrictions on independent medical examinations in Washington. On January 1, legislative…
COVID 19 Travel Restrictions – Impact on Independent Medical Examinations in Washington
On November 13, 2020 Washington state governor Jay Inslee issued a travel advisory recommending that people arriving in Washington from other states or countries, including…
What Came First: The Acceptance or the Authorization? An exploration of Clark County v. Maphet
In 2019, the Washington Court of Appeals issued Clark County v. Maphet, 451 P.3d 713 (2019). The case held that a self-insured employer authorizing treatment…
Washington Court of Appeals opinion serves as a strong reminder to double check filing requirements for appealing BIIA orders
On September 8, 2020, the Washington Court of Appeals published a decision that serves as a reminder of the importance of double checking state and…
Department of Labor & Industries Requiring New and Updated Forms on October 1, 2020
The Department of Labor & Industries has created new forms and templates for use by self-insured employers, third-party administrators, and Physical and Occupational Therapists. The…
Ninth Circuit Court of Appeals Upholds Hanford Presumption Law
On August 19, 2020, the Ninth Circuit issued an opinion finding Washington was not in violation of federal law when it implemented HB 1723, also…
Washington Self-Insured Employers Face Increased Penalty Amounts Starting September 1
Self-insured employers in Washington should be aware that penalty amounts increase on September 1, 2020, as a result of HB 2409, passed earlier this year….
Wage Calculation of H-2A Visa Workers in Washington
The United States H-2A visa program allows employers to bring foreign nationals into the country to fill temporary agricultural positions. Due to labor shortages, it…
Washington State Announces 2020 COLA Increase; Affects Temporary Disability Payments Starting July 1st
Under RCW 51.32.075 temporary disability benefits are recalculated July 1st of each year to reflect changes in the states average wage. According to the Washington…
Back to Basics: While easy to overlook during the COVID-19 pandemic, double checking details in Washington Claims is still as important as ever
As the impacts of COVID-19 continue to occur and affect people and businesses, it is easy to get swept up in the breadth of complexities…
Course of Employment in Washington: What Factors are Considered When an Employee is Injured While Working from Home?
As the State of Washington slowly implements its four-phase recovery plan, many employees continue to work remotely from home in various capacities due to the…
Adjusting to the New Normal – Washington Claims Processing and COVID-19
As the impact of COVID-19 continues to reverberate through Washington, it has created numerous challenges for employers and claims managers who are working hard to…
L&I Offers Some Guidance on Active Retraining Plans through Office Careers as Moratorium On New Plans Remains in Place
In early March, the Washington Department of Labor of Industries announced a moratorium on approval of new vocational plans that include retraining by Office Careers….
Washington: COVID 19 and Voluntary Termination/Unemployment Benefits
Workers’ Compensation Is time loss due if a worker performing modified duty takes a voluntary layoff in the context of COVID-19? According to RCW 51.32.090(4),…
Washington – COVID-19 Incident Reports, Workers’ Comp, Wage and Leave Issues
With the recent news of Coronavirus (COVID-19) in Washington, we want to ensure everyone understands the guidelines for incident reports, workers’ compensation claims, and other…
SBH Attorney Aaron Bass Testifies in Front of Washington State Senate
Attorney Aaron Bass testified on behalf of Washington Self-Insurers Association in opposition to SHB 2409. The bill not only increases the penalty amounts, it imposes…
Department of Labor & Industries Issues New Checklist for Willful Misrepresentation
The Department of Labor & Industries recently amended the process and published an amended checklist for employers seeking Willful Misrepresentation orders. The Department’s new checklist…
New Washington Law: First Responder Presumption
On June 7, 2018 the First Responder Presumption, House Bill SB 6214 became law and changed the way workers and employers approach mental health claims…
Court of Appeals Case Reaffirms Objective Evidence Required For Reopening
In Hendrickson v. Dep’t of Labor & Indus., the Washington Division One Court of Appeals reaffirmed what evidence must support a reopening application. Claimant injured…