Posts tagged "Labor and Industries"

Injured at Western State Psychiatric Hospital? Contact Washington Law Center

Injured At Western State Psychiatric Hospital?

March 15th, 2019 Posted by Labor & Industries, Personal Injury 0 comments on “Injured At Western State Psychiatric Hospital?”

If you’re from the Pacific Northwest chances are you’ve heard of Western State Hospital, located in Lakewood, Washington. Western State, as it’s often referred to, began in 1870 as one of the first mental health facilities in our state and was the main facility servicing McNeil Correctional Facility.

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How Does Labor & Industries Handle Residency Modification?

July 19th, 2018 Posted by Labor & Industries 0 comments on “How Does Labor & Industries Handle Residency Modification?”

Can I get my residence modified under the Industrial Insurance Act as part of Washington’s workers’ compensation system of benefits?

The short answer is “yes, but only in limited circumstances.” If you are in true need of such benefits, for either a home or rental property in which you live, you should take care to read the following information. Make sure your Attending Physician is aware of the rules set forth below as well. You will then need the Attending Provider to request that a residency modification consultant is assigned to your L&I case. The Attending Provider should also give a preliminary written opinion as to the types of modifications the Attending Physician believes you may likely need. This will begin the process.

A residency modification consultant will then be employed at the cost of the employer or state fund. The consultant will be a licensed physical or occupational therapist or a licensed nurse who has experience in rehabilitation of catastrophic injuries and residency modifications. The residency modification consultant will work with the Department of Labor & Industries, Self-Insured Employer (unless the claim is a state fund claim), the injured worker and the Attending Physician to determine which modifications are medically necessary. It is the job of the residency modification consultant to work with a licensed contractor to submit a written report requesting approval of the modifications, including the costs of architectural, engineering, predesign and planning services which may be requested. (more…)

Workers' Compensation Claim - Washington L&I Attorney

How Do Presumptions Work In Labor and Industries Claims

May 24th, 2018 Posted by Labor & Industries 0 comments on “How Do Presumptions Work In Labor and Industries Claims”

There are two principle types of presumptions in civil law, the Thayer presumptions, and the Morgan presumptions.  

“Under the Thayer theory, a presumption places the burden of production of evidence on the party against whom it operates but disappears if that party produces contrary evidence.”  In re Estate of Langeland, 177 Wn. App. 315, 321 n.7, 312 P.3d 657 (2013), review denied, 180 Wn.2d 1009 (2014).  In other words, once the burden has been adequately met that a presumption does not apply, the parties litigate their case as if no presumption had ever been set forth at all.   (more…)

Workers' Compensation Claim - Washington L&I Attorney

What is the Burden of Proof for L&I Claims?

May 24th, 2018 Posted by Labor & Industries 0 comments on “What is the Burden of Proof for L&I Claims?”

The burden of proof has two parts: a burden of production and a burden of persuasion. Fed. Signal Corp. v. Safety Factors, Inc., 125 Wn.2d 413, 433, 886 P.2d 172 (1994). A party with the burden of production on a particular fact in issue must produce sufficient evidence to warrant submitting that issue to the trier of fact. State v. Paul, 64 Wn. App. 801, 806, 828 P.2d 594 (1992). Otherwise, the party has failed in meeting their burden and must automatically loose. Whether a party has produced a sufficient quantity of evidence to submit the factual issue to the trier of fact presents a legal question to be decided by the court.  Paul, 64 Wn. App. at 806. In other words, each case is fact sensitive so that there is no generalized statement of what quantity or type of evidence will suffice for every case. A party will still lose their case if both sides meet their burden of production but only the opposing side meets their burden of persuasion. Sometimes, a court will find that evidence is equally balanced and may then be forced to rule on the facts using presumptions. For example, there is a presumption that the Board of Industrial Insurance Appeals has decided a case correctly, and only when an appealing party overcomes this burden may a Superior Court rule in that party’s favor. Ruse v. Dep’t of Labor & Indus., 138 Wn.2d 1, 5-6, 977 P.2d 570 (1999). A “tie” in the scenario of a Superior Court appeal always yields the same result as was determined by the Board below. (more…)

Workers' Compensation Claim - Washington L&I Attorney

How Best to Handle Your Workers’ Compensation Claim

April 24th, 2018 Posted by Labor & Industries 0 comments on “How Best to Handle Your Workers’ Compensation Claim”

A work-related injury can be devastating. There are many challenges when good health is lost to injury or occupational disease.  Finances are depleted while the worker receives less than full pay, loss of employer-sponsored healthcare insurance, and misses out on overtime opportunities not to mention the chance to earn performance-based bonuses. There is a toll on the mental health of everyone involved as fear and anxiety become a byproduct of the injury. There is also the inevitable impact, sometimes catastrophic, on the injured worker’s family as relationships can be irreparably altered by the changes brought by a severe injury. That is where a workers’ compensation claim can help improve the situation… if you follow the rules.

With all of these concerns in play, how does the injured worker prevent their worker’s compensation claim from going south? (more…)

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