Typically, parties are responsible for paying their own attorney’s fees. There are some exceptions to this, such as when a person is forced to litigate to recover an award or when other persons or entities who want to share in the award must also share the responsibility for the attorney fees. An overlap of a…

For Washington state employers who have demonstrated indifference to their Washington Industrial and Safety and Health Act (WISHA) obligations, the Department of Labor and Industries Division of Occupational Safety and Health (DOSH) may add your company to Severe Violator Enforcement Program (SVEP), which can result in increased enforcement actions.[1] Whether or not your business is…

Escalating medical costs, increased specialization and a growing demand for medical care within the United States has given rise to the pseudo-doctor, a medical practitioner that lacks the exact medical training of a physician, but has the same approximate expertise for most routine issues that arise in an urgent care setting. Claims adjusters should understand…

In what is clearly an unfortunate circumstance regarding a worker’s later diagnosis of brain cancer, the Washington Court of Appeals ruled that the common law application of res judicata and collateral estoppel do not bar a worker from filing a new claim despite prior denial of the same claim. This ruling potentially undermines the finality…

You are a happy claims adjuster who has been diligently working on your claims: processing payments, making compensability decisions, authorizing appropriate treatment and engaging in the numerous other activities that make up your busy week. You’ve just finished processing your final time loss payment of the day and updated your diary list. You are on…