Fall 2007 SBH Quarterly Newsletter
PDF FormatWashington Workers' Compensation: Court Decisions
Closing order not final unless communicated to both attending physician and worker.
The Court of Appeals bypassed evidence proving a worker’s injury had not objectively worsened by finding the closing order never became final because it was never communicated to the attending physician. It reasoned that when a final order, decision, or award is based upon a medical determination, the legislature considers the treating physician to be an interested party. Consequently, the order does not become final until 60 days after the doctor has received it. Shafer v. Dep’t of Labor & Indus., 159 P3d 473 (June 11, 2007).
<< Newsletter Page