Posts tagged "L&I"

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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Reopening an L&I Claim Under Washington Labor and Industries State Laws

March 7th, 2017 Posted by Labor & Industries 0 comments on “Reopening an L&I Claim Under Washington Labor and Industries State Laws”

If your Washington L&I claim has been denied in the past and you’re looking to see if you’re eligible to reopen it, there’s still a chance. Read my summary below to see if you are eligible for “good cause.” If you need help reopening an L&I claim, feel free to reach out to myself or any of the experienced Seattle L&I attorneys at Washington Law Center.

“Can I Reopen My L&I Claim?”

RCW 51.32.160(1)(d) provides that an application to reopen an L&I claim shall be granted if the Department of Labor & Industries does not issue an order of denial within 90 days of the Department’s receipt of that application.  

However, there is one exception to this rule. (more…)

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Heart Attacks at Work Under Washington’s Industrial Insurance Act

January 23rd, 2017 Posted by Labor & Industries 0 comments on “Heart Attacks at Work Under Washington’s Industrial Insurance Act”

The ramifications for suffering a myocardial infraction (heart attack) at work are significant.  If the worker dies, the spouse and minor children are entitled to substantial awards of money, potentially to include a pension for the remainder of the spouse’s lifetime, if the claim is found to be compensable under Washington’s Industrial Insurance Act.  If the worker doesn’t die, there will still be very expensive cardiac rehabilitation and medication costs which will typically devastate the worker’s finances and often force the worker and his/her family into bankruptcy if the heart attack claim is denied. (more…)

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