Category: Washington Workers’ Compensation
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…
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…
