L&I Links

About Washington Law Center’s L&I Department

Example L&I Cases We’ve Fought & Won

Total Knee Replacement is Causally-Related (Chappel)
Shoulder Injury was Consequential to Low Back Injury (Regan)
Mental Health Condition is Causally-Related (Humphreys)
OATS Ankle Surgery is Proper and Necessary (Lewis)
Dental Implants are Proper and Necessary (Jones)
Spine Surgery is Proper and Necessary and Causally-Related
24-Hour At-Home Nursing Care is Proper and Necessary
Assaulted Worker was In the Course of Employment
Death Occurred While Totally Permanently Disabled
Death Was Casually-Related to Chemical Exposure
Injury Pensions, Injury Pensions and More Injury Pensions

Employers, TPA’s and Defense Attorneys We’ve Battled Successfully:

AIG
Amazon
Boeing
Broadspire
Comprehensive Risk Management
Corvel
Crawford & Company
Costco
D
Eberle Vivian
Esis
F
Gallagher Bassett
General Dynamics
Helmsman Management
King County
Liberty Management Services
King County
Sedgwick – Boeing
Sedgwick – CMS
Walmart
Workers Compensation Solutions
Zurich

File an L&I Claim

Industrial Injury Claim Center
Occupational Disease Claim Center
- What A Broken Body Means
- Newly Displaced Workers
- Workers Close to Retirement
- Statute of Limitations
File a Protest or Appeal
Can You Sue Your Employer?
Injury Pension

Types of L&I Settlements

L&I Settlement Types
PPD Settlements
Side-Bar Settlements
CRSSA Settlements
Employment Releases

What Do L&I Attorneys Cost?

On-going L&I Benefits
Back-Due Benefits
Pension Benefits
CRSSA Settlements
PPD Awards
Side-Bar Settlements
Personal Injury Cases

What Do L&I Attorneys Do?

At the Department of Labor & Industries
At the Board of Industrial Insurance Appeals
At the Higher Courts

Medical Care

Right to Choose Own Doctor
Preexisting Condition ARE Covered
Proper and Necessary Treatment Covered
Utilization Review – Comagine
What if Treatment is Denied?
Can I Use My Private Insurance?
Joint Replacement Surgeries
Diagnostic Tests Covered
Experimental Treatments
Health Technology Clinical Committee (HTCC)
Treatment Guidelines
Palliative Care Not Covered
Rules for Pain Medication

Time Loss Compensation Benefits

Wage Orders
Payment Orders
Requirements to Get Paid
Statutory Right to Payment
Retroactive Certification
Cost of Living Adjustment (COLA)
Light-Duty Job Offers
Change of Circumstances Payments
Social Security Offsets

Loss of Earning Power (LEP) Benefits

Computation of Payments

Penalties Against Self-Insured Employers

Claim Processing Rule Violations
Failure to Pay Benefits Timely
Failure to Provide Claim File
Waiver of Penalty by Director
Other Bases for Penalties

Permanent Partial Disability Awards

End of Claim PPD Assessments
Headaches
Depression/Anxiety/Mental Health
Cervical Spine
Thoracic Spine
Lumbar Spine
Upper Extremity
Lower Extremity
Other Body Parts

Vocational Training

Don’t Trust the VRC
Vocational Disputes
Early Intervention Assessments
Ability to Work Assessments
Return To Work Priorities
Option 1 Benefits
Option 2 Benefits
Job Analyses
Plan Development Phase
Failure of Retraining

L&I Pension Benefits

Who Can Obtain an Injury Pension?
Second Injury Pensions
Surviving Spouse Pensions
Pension Option 1
Pension Option 2
Pension Option 3
Repayment of PPD Awards

L&I Mental Healthcare Benefits

Depression
Anxiety
Adjustment Disorder
Post-Traumatic Stress Disorder (PTSD)
Category of Impairments Listings

L&I Death Benefits

Death Caused by Industrial Injury
Death Occurs During Permanent Total Disability
Pension Benefits for Surviving Spouse

L&I Travel Reimbursement Benefits

Rules on Reimbursements
Travel Reimbursement Form

Claim Suppression and Retaliation

Claim Suppression Rules and Realities
Claim Suppression Penalties
Decertification of Self-Insured Employer

Third-Party Claim Rights

Personal Injury Suits for Work-Related Injuries
Advance Payment of Compensation Concept
Designation of Personal Injury Attorney
Effect of Failure to Designate Own Attorney

Reopening an L&I Claim

Applicable Burden of Proof
Over-7 Reopening Issues

Classic Industrial Insurance Act Claims

L&I Claims for Truck Drivers
L&I Claims for Electricians
L&I Claims for Nurses and Medical Providers

Independent Medical Exams

About IME Exams
Do I Need an Attorney
Notice of IME Required
How to Behave at Your IME
Failure to Attend IME Exam
IME Concurrence Process
Can Your Attorney Attend?
Can You Take a Friend?
Can You Record the Exam
How To Obtain the IME Report
Complain about IME Examiner
Fun Facts About the IME Process
IME Fraud is Real

Board of Industrial Insurance Appeals

Do You Need an Attorney at the BIIA?
Nobody Should be Unrepresented
Representation By Non-Attorneys
Mediation
Scheduling Conferences
Litigation Scheduling Orders
Discovery
- Interrogatories
- Requests for Production
- Requests for Admission
- CR 35 Exams
- Discovery Depositions
Motions
Hearings
- Court Rules
- Rules of Evidence
- Subpoenas
- Prima Facie Case Requirement
- Judge Cannot Advocate
- Sequestration of Witnesses
- Direct Examination
- Cross Examination
- Perpetuation Depositions
- What to Wear?
Memoranda
Tips for Testimony
Sanctions and Contempt
Proposed Decision and Order
Decision and Order
Interlocutory Review
Petition for Review
Interest on Awards

Appealing to Superior Courts

How to File
Attorney Fees & Costs Recoverable
Attorney Fee Computation
Costs

Important Doctrines and Rules:

Outlawed Common Law Doctrines
- Fellow-Servant Rule
- Assumption of Risk
- Contributory Negligence
Personal Comfort Doctrine
Coming and Going Rule
Parking Lots Excluded from Coverage
Compensable Consequences Doctrine
Liberal Construction Doctrine

A History of Workers’ Compensation

Workers Compensation in Antiquity
Modern Workers Compensation History
Washington Workers’ Compensation
- Industrial Insurance Act of 1911
- Industrial Insurance Act of Today