Reopening Workers' Compensation Claims
Public Hearing on Proposed Rules
Wednesday, January 11, 2023
To join on your computer or mobile app (Zoom):
Meeting ID: 936 165 5337
To join by phone (audio only):
1-253-215-8782 US (Tacoma)
Find your local number: https://lni-wa-gov.zoom.us/u/kdFrdfe0fg
The hearing will start at 9:00 a.m. and continue until all oral comments are received.
L&I encourages the submittal of written comments, due by 5:00 p.m. on January 11, 2023.
Public hearings held virtually have proven effective in allowing greater public access, eliminating the burden of physical travel, and maintaining public safety. Accordingly, this public hearing will not be held in person.
The purpose of this rulemaking is to implement the requirements of Substitute House Bill 1902 (SHB 1902) which amended RCW 51.28.040, Application for change in compensation. WAC 296-20-097, Reopenings, was amended to be consistent with RCW 51.28.040 regarding the number of days prior to receipt of a reopening application for workers’ compensation claim. The department or self-insured employer can consider setting the effective date from 60 days up to 120 days when the provider does not complete and file the application within 60 days of medical services, and the worker submits the application within 30 days of medical services without medical completion. The worker must prove the application was received by the department or self-insurer. Allowing the date to be set beyond 60 days up to 120 days may result in additional time-loss or medical benefits.