Welcome to our Significant Board of Industrial Insurance Appeals Decisions Refresher series, which focuses on Board decisions that form the fundamentals of claims processing in Washington. The following is one of twelve blogs that will break down some of the most impactful Board significant decisions. Each blog will include key takeaways from referenced Board decisions…

Welcome to our Significant Board of Industrial Insurance Appeals Decisions Refresher series, which focuses on Board decisions that form the fundamentals of claims processing in Washington. The following is one of twelve blogs that will break down some of the most impactful Board significant decisions. Each blog will include key takeaways from referenced Board decisions…

A recent change in Washington law aimed at protecting mental health records provides for the imposition of stiff penalties on employers that run afoul of confidentiality safeguards. Washington has long required that workers’ compensation claim files and records be kept confidential.  See RCW 51.28.070.  Of course, employers or their authorized representatives (i.e., claims examiners, third-party…

In addition to the Washington occupational disease presumptions addressed in our prior Health Emergency Labor Standards (“HELSA”) blog here, the new statutes also mandate that employers give one-day notice to employees and the Department of Labor and Industries, if there are workplace exposures related to a public health emergency such as COVID-19. These rules went…

The Health Emergency Labor Standards Act (“HELSA”)[1] applies to a litany of listed frontline workers, changes the exposure standard to establish an occupational disease, and more. Novel legal issues are arising as HELSA is being implemented. Which benefits are owed when you learn a frontline worker (as defined by HELSA) has died due to COVID-19?…