| Vocational Determination Disputes |  | |
The Vocational Dispute Resolution Office's (VDRO) primary duty is to review vocational disputes on the director's behalf. The director makes final decisions based on those recommendations.
What issues may be disputed to the VDRO?
Disputes about employability determinations and approved retraining plans are the only issues within the VDRO's jurisdiction.
How long does an injured worker or employer have to dispute a vocational determination?
L&I must receive your written dispute within 15 days of receipt of notification.
May a vocational rehabilitation provider dispute a vocational determination?
No. The only parties who are authorized to dispute are the:
- Injured worker.
- Employer.
- Representative of the injured worker or employer.
What are the possible outcomes of a dispute review?
A dispute review may result in one of four possible outcomes:
- Upholding or agreeing with the determination made by the claim manager or the reviewer in the Self-Insurance Section.
- Overturning or disagreeing with the determination made by the claim manager or the reviewer in the Self-Insurance Section.
- Deferring for situations such as medical conflicts or when more information or clarification is needed.
- Reassuming the case by the claim manager or self-insured employer's claim representative when the determination was later found to be in error.
May the vocational provider submit additonal information to the VDRO during a dispute?
Yes. Vocational providers can mail, fax or hand deliver the information they want to have considered.
Vocational Dispute Resolution Office
Dept of Labor & Industries
7273 Linderson Way SW
PO Box 44880
Olympia, WA 98504-4880
Phone: 360-902-6930
Fax: 360-902-6770.
In addition, providers may contact the VDRO and ask to speak with the reviewer assigned to the dispute at 360-902-6930.
How may providers find out information about results of the dispute review?
Call the VDRO at 360-902-6930 and ask to talk to the reviewer who completed the dispute review.
If an employer or injured worker disagrees with the director's decision, what recourse does he or she have?
An injured worker or employer (or their representative) may either request reconsideration from the director or appeal the director's decision to the Board of Industrial Insurance Appeals (BIIA) Read appeal instructions.
If the worker or employer chooses to appeal to the BIIA, the appeal may be reviewed for an abuse of discretion. This means the appeal may only address whether or not the director used his or her discretion in an arbitrary and capricious manner.
Due to time constraints, L&I recommends sending the information to the VDRO using the fax number 360-902-6770, when possible.
For more details
RCW 51.32.095 (7) (www.leg.wa.gov) Gives the VDRO statutory authority to review vocational disputes.
WAC 296-19A-410 (www.leg.wa.gov) - What is the purpose of the department's vocational dispute process?
WAC 296-19A-420 (www.leg.wa.gov) - Who can dispute a vocational determination?
WAC 296-19A-430 (www.leg.wa.gov) - Can a vocational provider dispute a vocational determination?
WAC 296-19A-440 (www.leg.wa.gov) - What elements of a vocational determination may be disputed?
WAC 296-19A-450 (www.leg.wa.gov) - What are the time frames for filing a dispute of a vocational determination with the department?
WAC 296-19A-460 (www.leg.wa.gov) - What part of the department is charged with reviewing vocational disputes?
WAC 296-19A-470 (www.leg.wa.gov) - What is the process for review of a vocational dispute?
