Spring 2008 SBH Quarterly Newsletter
PDF FormatWashington Workers' Compensation: Legislative Change
An order awarding benefits is effective and benefits due on the date issued.
An appealed order is not stayed pending a final decision on the merits unless ordered by the Board of Industrial Appeals (Board). Any party may move for a stay of the order on appeal, in whole or in part, by filing a motion within 15 days of the order granting appeal. The Board must conduct an expedited review of the claim file and issue a final decision within 25 days of the filing of the motion for stay or the order granting appeal, whichever is later. The Board’s final decision may be appealed to superior court. The Board must grant a motion to stay if the moving party demonstrates that it is more likely than not to prevail on the facts as they existed at the time of the order on appeal. The Board may not consider the likelihood of recoupment of benefits as a basis to grant or deny a motion to stay.
If upon reconsideration requested by a worker or medical provider, the Department of Labor and Industries (Department) orders an increase in a permanent partial disability award from the amount reflected in an earlier order, the award reflected in the earlier order may not be stayed pending a final decision on the merits. However, the increase is stayed without further action by the Board pending a final decision on the merits.
If a self-insured employer appeals an order setting the claimant’s time loss rate, the claimant must receive any time loss or pension benefits based upon the rate calculation that the employer most recently submitted to the Department and payment of benefits at this rate may not be stayed pending a final decision on the merits. However, payment of time loss or pension benefits at the increased rate in the order on appeal is stayed without further action by the Board pending a final decision on the merits.
<< Newsletter Page