New Ruling on Misrepresentation in Washington
A recent Washington Board of Industrial Insurance Appeals ruling may give Washington employers more direction in dealing with a claimant who has misrepresented their injuries.
Category: Case Law Updates
New Rulings on Delay of Payment Penalties in Washington
Two recent Washington cases deal with the issue of penalties for delayed payments, one in the case of delayed payment of medical bills, and the other dealing with delayed payment of previously assessed penalties.
Dellen Wood Products v. Department of Labor and Industries, 43636-1-II (2/25/2014)
The Washington State Court of Appeals in Dellen Wood v. Department defined the legal terms default versus voluntary or elective termination under the state’s Industrial Insurance Act. The Court declared a default occurs when a self-insured employer fails to satisfy multiple legal obligations, not simply fails in its single obligation to pay workers’ compensation benefits.
Oregon Court of Appeals Addresses Use of DOT Codes in Permanent Disability Calculations
The Court of Appeals acknowledged DOT codes are typically used in calculating the amount of a work disability award; however, the Court specifically did not hold that DOT codes could not be utilized in determining entitlement to a work disability award. In fact, this decision outlines the circumstances under which DOT codes could serve as evidence of a workers’ actual job duties.
Fall 2013 Washington Case Law Updates
Recent Decisions from the BIIA and the Court of Appeals