Category: Washington Workers’ Compensation
Proximate Cause – The Often Overlooked Requirement for Claim Reopening in Washington
In order to reopen a workers’ compensation claim in Washington, a worker must establish that an accepted condition has objectively worsened since the date the claim was last closed or ordered to remain closed (either by an affirming order or a reopening denial order). However, the worsening must also be…
Monkeypox is on the rise in the State of Washington. What does that mean for occupational disease claims?
Is this the beginning of another global health crisis? In the wake of the COVID-19 pandemic, the world is facing yet another global health crisis: monkeypox. On August 4, 2022, the White House declared monkeypox a public health emergency. Since that time, the United States has seen a new wave…
Claimant Died: Now What?
It is commonly said that there are only two constants in life: death and taxes. While Washington workers’ compensation benefits are generally tax free, death does not always wait for claims to close. Therefore, when a claimant dies their claim remains open and additional work must be done in order…
Washington’s Department of Labor & Industries Issues Q&A for New IME Rules and Guidelines
The Department of Labor & Industries’ new rules and guidelines for independent medical examinations (IME) went into effect on April 23, 2022. These rules and guidelines follow the legislature’s 2020 passage of RCW 51.36.070, which set out defined reasons why the Department or self-insured employer can schedule an IME. The…
Board of Industrial Insurance Appeals Makes In Re Kathleen Houlihan a Significant Decision
On April 29, 2022, the Washington Board of Industrial Insurance Appeals published its new “Significant Decisions” from 2021. The Board issues hundreds of Decisions & Orders each year but designates only a select few as “Significant Decisions.” The Board’s Significant Decisions are important because they provide the Industrial Appeals Judges…
Washington L&I Conducts Ambient Heat Exposure Rulemaking
The Department is conducting rulemaking to update the requirements for occupational heat exposure from high ambient temperatures in all industries, including outdoor and indoor exposures. According to the pre-proposal filed on August 17, 2021, this permanent rulemaking will consider requirements for trigger temperatures or another measure of environmental conditions stress…
New L&I Rules Regarding IMEs Take Effect April 23, 2022
Starting April 23, 2022 the Washington Department of Labor & Industries will be implementing new rules regarding IME notices and what constitutes a “case progress examination.” The rules also create a process for a worker to dispute whether they should be required to attend an IME. Under the new rules…
Washington Legislature Potentially Provides Extended Benefits to Claimants on Reopen Applications
The Washington Industrial Insurance Act allows claimants to reopen their claims following closure when the conditions proximately related to their industrial injury or occupational disease objectively worsen post-closure pursuant to RCW 51.28.040. To complete a reopening application, the claimant must submit an application completed both by the claimant and by…
Washington’s Board of Industrial Insurance Appeals Provides Some Guidance in Applying Maphet
Ever since the Washington Court of Appeals issued the Clark County v. Maphet decision in late 2019, employers have struggled with the ramifications and implications of the decision. 10 Wn.App.2d 420 (2019). Under Maphet, if an employer authorizes treatment for a condition, it is also accepting the condition, even in…
A New Year Means New Rules and Guidelines
As we hit the ground running in 2022, there are few rule changes to keep in mind when administering claims in Washington. I’ve included a summary of the several changes and updates to keep in mind. Heading into January 2022, the Department has extended its emergency rule related to employer…
Washington Court of Appeals Issues Decision Restricting Type of Evidence to Rebut Firefighters’ Presumption
In a recently published decision, Bradley v. City of Olympia, the Washington Court of Appeals clarified the type of evidence an employer or the Department should present to rebut the presumption a firefighter’s cancer is work-related. RCW 51.32.185 establishes a rebuttable presumption for firefighters that cancer is an occupational disease….
Long COVID and Its Workers’ Compensation Implications in Washington
While COVID-19 still dominates all aspects of the workforce and complicates decisions on when to request that workers come back to in-person working, a new form of the virus has emerged which threatens to upend closely laid plans. Post-acute sequalae of SARS CoV-2 (PASC, otherwise known as “long” or “long-haul”…
In re: Katherine Bard: A Tentatively Significant Board Decision
Every year, Washington’s Board of Industrial Insurance Appeals determines whether any of the decisions or orders issued that year should be designated as a “significant decision.” Per WAC 263-12-195, a significant decision is a decision or order the Board determines to have analysis or reflect a decision of “substantial importance”…
Department of Labor & Industries Updates Medical Treatment Guidelines for Lumbar Spine Surgery
On September 21, 2021, the Washington Department of Labor & Industries published new treatment guidelines for lumbar spine surgery. For those unfamiliar, the Medical Treatment Guidelines are evidence-based review criteria that are developed and updated by the Office of the Medical Director in collaboration with practicing physicians in the relevant…
Board’s 2020 Significant Decisions Include Two of Interest to First Responder Employers
The Washington Board of Industrial Insurance Appeals recently published its list of Significant Decisions for 2020. Per WAC 263-12-194, these are decisions which the Board deems to contain “analysis or decision of substantial importance.” Two of the 2020 Significant Decisions may be of particular interest to Washington employers of first…
Potential New Rules Regarding IMEs in Washington
Effective January 1, 2021, legislative revisions to RCW 51.36.070 narrowed the circumstances under which self-insured employers may require a claimant to attend an independent medical examination. In the revised statute, an IME is only allowed when needed to: make a decision regarding claim allowance or reopening, resolve a new medical…
Board of Industrial Insurance Appeals Conducts Stakeholder Meeting
On May 21, 2021, the Board of Industrial Insurance Appeals held a Stakeholder’s meeting to discuss several important topics. COVID-19 Reopening Status The Board announced they will continue with only telephone or video proceedings through at least September 30, 2021. The Board indicated there is no firm date for resuming…
Washington’s Department of Labor & Industries Issues Updated SIF-2 Forms and Addendum to Prior SIF-2 Forms for Use by June 30, 2021
While most of the focus in workers’ compensation’s recent legislative developments and changes are focused on those brought about by the ongoing COVID-19 pandemic, it is important not to overlook other changes and updates from pre-2020 legislation. It may seem a bit surreal to think back to pre-pandemic life, but…
Governor Inslee Expected to Sign Additional COVID-19 Related Legislation
Over the past year, the Washington legislature has passed several bills meant to protect workers from the impacts of COVID-19. During the most recent session, additional legislative bills have been passed by the House and Senate creating additional protections for workers impacted by COVID-19 and future public health concerns. These…
Washington L&I Updates Guidance on Out-of-State Travel for IMEs
For employers with Washington claims involving individuals who have moved out of state, the pandemic has made it very difficult to obtain independent medical examinations. As travel restrictions ease, new guidance from the Department of Labor & Industries makes it more feasible to set IMEs in Washington for out-of-state claimants….
Washington Workers’ Compensation in a Work from Home World
If there is one thing the pandemic showed us – outside of the beauty of sourdough and the ease of making chicken stock – it is that the modern office construct could be a thing of the recent past. The evolution of at-home work necessarily poses additional questions regarding injuries…
Big Changes to Structured Settlements with Passage of Washington’s Senate Bill 5046
A claim resolution structured settlement agreement (“CRSSA”) is a type of settlement agreement that can be utilized in matters involving claimants of at least 50 years of age with accepted claims older than 180 days. CRSSAs are effective tools to globally resolve claims as they allow the parties to settle…
Join SBH at its 11th Annual Washington Workshop
Although we are all still working from home, we know you need your Washington Claims Examiner Credits. We have an excellent lineup of speakers and topics for our 11th Annual Washington Workshop. You don’t want to miss this! This training is excellent for both new and experienced Washington claims professionals…
Washington Legislature Considers New Presumptions for COVID-19
In the past, the Washington legislature created presumptive workers’ compensation causation for firefighters and workers at the Hanford Site. The legislature is close to creating a presumption for frontline workers who contract COVID-19 as well. Two bills creating such a presumption, as well as expanding unemployment benefit coverage to workers…
The Pacific Northwest Worker: Subjectivity of the Traveling Employee
Given their proximity to each other, workers’ in Oregon and Washington often find themselves traveling to/from both states as part of their jobs. Both Oregon and Washington have laws exempting workers temporarily within their borders from their respective workers’ compensation laws. Each state also provides coverage to its workers who…
