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How is a Vocational Determination of the Director Challenged? It is well-settled that the decision to provide or not provide vocational services is discretionary and may only be challenged based on a showing of an abuse of discretion by the “supervisor,” also known as the “Director” of the Department of…
When an employer makes a return-to-work job offer to an injured worker, the job that is offered must be within a reasonable commuting distance in order for the job offer to be deemed valid. A reasonable commuting distance is determined by looking at the considerations set forth at WAC 296-19A-010(4),…
Recently, our firm was approached with a very humble inquiry from an individual on SSI for the past 20 years due to a disability that resulted from a work-related injury. The individual had been forced off of L&I benefits and had their claim closed without them being able to actually…
Determining Work-Relatedness (“Causal Relationship”) in Washington State Industrial Insurance Act matters: In completing causation analysis, objective physicians must consider the following applicable legal standards: a. An injured worker becomes eligible for Industrial Insurance Act coverages (medical or wage loss indemnity benefits such as time loss, LEP, PPD or…
The law is never perfect. It must adapt to reflect the needs of a changing society. It must be constantly renewed and reinvigorated, oftentimes by enacting reforms that have been enacted in other jurisdictions. It is a product of constant labor, both from within the setting of our courts, where…
Who Can Propose a CRSSA Settlement? Any party to an L&I claim may propose that a CRSSA settlement be considered, but only if the injured worker will have reached the age of 50 as of the time the settlement contracts are submitted for review to the Board of Industrial Insurance…
CRSSA Settlements – An Authoritative Guide from Washington Law Center: People often ask our attorneys specific, repeating questions regarding Claim Resolution Structured Settlement Agreement also known as a CRSSA agreement through the Department of Labor & Industries. In addition, we require all clients who are considering entry into such agreements…
What You Need to Know About Industrial Insurance Act Pensions: Washington State’s Injured and sick workers often have questions about Industrial Insurance Act pension eligibility. The older they are, and the more disabled they are, the more likely they are to be eligible for this valuable monthly benefit. Below are…
Washington's Department or Labor & Industries Cost of Living Adjustment rates for 2020 have been released. We have answered some common questions that came from this most recent L&I time loss benefits and CRSSA rate changes for 2020. If you have any questions at all about the 2020 L&I rate…
What Is Permanent Partial Disability? A permanent partial disability (“PPD”) is defined as any abnormality or loss after maximum medical improvement has been reached. These are determined when an injured worker’s claim is at the point of claim closure. A PPD award is a monetary award designed to compensate an…