Posts tagged "L&I"

Common Law Marriage in Washington State

Is My Common Law Marriage Valid for My Washington L&I Claim?

March 6th, 2019 Posted by Labor & Industries 0 comments on “Is My Common Law Marriage Valid for My Washington L&I Claim?”

Whether or not you are married, the day you are injured at work can have significant financial consequences over the course of your claim. Married workers are entitled to an additional 5% of their gross monthly wages as temporary or permanent disability benefits. In addition, a married worker’s spouse is entitled to death benefits if a worker dies as a result of their injury. Sometimes, workers have lived together with a partner for many years without ever formally going through a wedding ceremony or obtaining a marriage certificate. They act, live, and present themselves to others as if they are married. These types of relationships are commonly referred to as “common law marriages”.

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Custodial Guardian After A L&I Work Injury

Who qualifies as a custodial parent under the Industrial Insurance Act?

February 25th, 2019 Posted by Labor & Industries 0 comments on “Who qualifies as a custodial parent under the Industrial Insurance Act?”

Washington Law Center is once again fighting a case with huge legal ramifications.  In Re: Lilia Lacy is a case set to determine whether or not a biological grandparent who is injured at work at the time they exercise de facto legal custody of their biological grandchild is therefore entitled to receive increased workers’ compensation benefits paid on behalf of that dependent grandchild.  The State of Washington, Department of Labor & Industries has taken the position that only a biological parent or other person in possession of a court-issued custody decree can qualify to receive dependent child benefits under the Industrial Insurance Act.

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L&I For Independent Contractors

My Employer Calls Me an Independent Contractor. Am I Covered Under L&I?

January 7th, 2019 Posted by Labor & Industries 0 comments on “My Employer Calls Me an Independent Contractor. Am I Covered Under L&I?”

It’s not uncommon for 1099 workers to experience an on the job injury.  Unsurprisingly, it is common for employers and insurance defense interests to then lean on the 1099 document or tax filing status to erroneously claim that the injured worker is ineligible for Industrial Insurance Act (workers’ compensation) coverage.  Because the error rate by employers is so high in making that claim, even if you’re working as a so-called “independent contractor,” you should ask your doctor to file an L&I claim on your behalf. This will trigger a more thorough and thoughtful analysis, which you can then compare to the information provided here or with a free, no obligation consultation with one of our dedicated Washington Law Center L&I attorneys.

 

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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…)

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