Category: Washington Workers’ Compensation
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…
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 also important tools for developing evidence to defend a denial or use for other disputes in litigation. The following is a list of tips and…
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 workers’ compensation is no exception, and the Department of Labor & Industries has issued guidelines, frequently asked questions, emergency rules, and modified standard operating…
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 troublesome provisions relating to the administration of independent medical examinations, claim file updates/document transmission to the Department of Labor & Industries, and limiting evidence before…
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 and new rules for exempt employee salaries, while other changes were born out of necessity following the global outbreak of COVID-19. As we say goodbye…
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 revisions to RCW 51.36.070 take effect which more narrowly define when and how self-insured employers may exercise their authority to require a claimant to attend…
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 returning Washington residents, self-quarantine for 14 days after arrival. On November 24, 2020, the Department of Labor and Industries announced that in light of the…
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 of a condition is tantamount to that self-insured employer accepting the condition as part of the claim. A careful understanding of the case is important…
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 local rules in order to timely and appropriately file appellate documents. In Long Painting Co., Inc. v. Mark Donkel, the Court of Appeals ruled the…
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 new forms are required as of October 1, 2020. Several of the existing templates and forms that were part of the 2019 claim processing changes…
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 known as the “Hanford Presumption”. HB 1723 was signed into law in March 2018 and created a presumption that certain illness or conditions diagnosed in…
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. The changes apply to several categories of penalties that the Department of Labor & Industries can impose, including penalties under RCW 51.48.017 for “unreasonably delaying…
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 has become common for employers in Washington to hire temporary agricultural workers through the H-2A visa program. Wage calculation in workers compensation cases involving H-2A…
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 State Employment Security Department, the statewide average wage for 2019 was $69,700. This represents a 6.7% increase from 2018 average wage of $65,301; the largest…
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 this pandemic has created. While businesses grapple with safety, financial, and personnel issues and decisions, day-to-day business details can get lost in the shuffle. Among…
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 social distancing requirements brought on by COVID-19. As employees continue to work from home, many employers are faced with new claims involving injuries sustained away…
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 process claims properly and as efficiently as possible. Within this ever-evolving situation in mind, this post discusses some of the common issues that have arisen…
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. The move by L&I followed a three-part investigative series aired by King 5 which was highly critical of the Renton-based school, contending it did not…
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), if a worker is performing modified duty and that modified duty “comes to an end”, before his or her recovery is sufficient to permit a…
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 employment-related concerns. We have created a Q&A to cover many questions Washington employers may have on this confusing and pressing issue. When should an…
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 a new vague “fair conduct” standard and includes a “per occurrence” multiplier on self-insurance penalties. Attorney Bass used his time to point out the grossly…
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 for reporting Willful Misrepresentation available here. Pursuant to RCW 51.32.240(5), self-insured employers can demand repayment of any benefits induced by willful misrepresentation along with a…
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 filed by firefighters and law enforcement officers throughout the state of Washington. Before the First Responder Presumption, all workers, including first responders, were typically prevented…
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 her middle and lower back in October 2007. The Department closed her claim in May 2012 with a category 4 dorso-lumbar impairment award. Just prior…
