Posts by spencerparr

Deferred Recoupment Agreement - Washington Department of Labor and Industries - Washington Law Center

What is a Deferred Recoupment Agreement in Washington L&I?

January 2nd, 2020 Posted by Labor & Industries 0 comments on “What is a Deferred Recoupment Agreement in Washington L&I?”

What is a Deferred Recoupment Agreement?

A Deferred Recoupment Agreement is a contract between the Washington Department of Labor and Industries and an injured worker agreeing that the injured worker does not need to repay an overpayment of L&I benefits unless or until the injured worker seeks new monetary benefits in either their current or a future workers’ compensation claim.  

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Functional Capacity Evaluation (FCE) in Washington L&I

What Should You Know About Functional Capacity Evaluation in Washington L&I?

December 30th, 2019 Posted by Labor & Industries 0 comments on “What Should You Know About Functional Capacity Evaluation in Washington L&I?”

The following are consensus opinions regarding functional capacity evaluations, also known as functional capacity exams and performance-based functional capacity exams.  Any such exam may also be referred to as an “FCE” or “PBFCE,” but these are all just differing names given to the same type of physical examination report used to make claim-related decisions in a Title 51, RCW, Labor & Industries (Washington workers’ compensation) matter.

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Dental Implants on Washington Labor and Industries L&I

Are Washington’s Injured Workers Entitled to Dental Implants?

December 9th, 2019 Posted by Labor & Industries 0 comments on “Are Washington’s Injured Workers Entitled to Dental Implants?”

Attorneys Spencer D. Parr and Aaron VanderPol of Washington Law Center recently co-litigated and won an important victory on behalf of all Washington’s injured workers.  The case of Robert B. Jones emphatically now answers the question of whether dental implants may be authorized as proper and necessary medical care under Washington’s Industrial Insurance Act.  The answer to that question is clearly “yes,” as long as the dental implants are the appropriate standard of care for the individual whose case is under consideration. You may read the resulting, unanimous, Board of Industrial Insurance Appeals decision here, in context with the following analysis:

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Personal Injury Attorney in Washington state

How The ‘Made Whole Doctrine’ Affects Personal Injury Subrogation Cases In Washington

July 7th, 2019 Posted by Personal Injury 0 comments on “How The ‘Made Whole Doctrine’ Affects Personal Injury Subrogation Cases In Washington”

What is right of subrogation?

Often times in personal injury matters an insurance company gains a right of subrogation.  This is the right to either stand in the shoes of their insured and sue the at-fault party who is responsible for the insurance company’s losses or receive a portion of the proceeds to cover their settlement if the insured sues the at-fault party directly and wins. The problem becomes that in some instances, insurance companies have attempted to put their own subrogation interests ahead of the insured’s interests in achieving a full financial recovery.

Washington state’s Made Whole Doctrine generally establishes the priority for the interests of insured individuals where there is conflict with the interests of their own insurance company.  In Thiringer v. American Motor Insurance Co., the Washington Supreme Court articulated the Made Whole Doctrine as a general rule as follows:

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Police Brutality Attorney in Washington State

I’ve Suffered Police Brutality; Do I Have A Case?

June 13th, 2019 Posted by Abuse, Personal Injury 0 comments on “I’ve Suffered Police Brutality; Do I Have A Case?”

Do I Have A Police Brutality Case?

Beltran-Serrano v. City of Tacoma, No 95062-8, was decided by the Washington Supreme Court on June 13, 2019.  The decision holds that a police officer’s use of deadly force may be actionable both under a negligence theory relating to the circumstances leading up to a police shooting and under an intentional tort theory based on the officer’s decision to actually pull the trigger.  In such cases, plaintiffs must remain aware of Washington civil procedure, including CR 8(e)(2), which allows the plaintiff to plead “as many separate claims or defenses as the party has regardless of consistency.”  A plaintiff must therefore plead both theories when attempting to sue a police officer or municipality for unlawful use of force.

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