Washington Administrative Code

The department or self-insurer is required to establish a monthly wage that fairly and reasonably reflects workers' lost wages from all employment at the time of injury or date of disease manifestation. This monthly wage, which is calculated using the formulas in RCW 51.08.178, r…

The term "wages" is defined as:(1) The gross cash wages paid by the employer for services performed. "Cash wages" means payment in cash, by check, by electronic transfer or by other means made directly to the worker before any mandatory deductions required by state or federal law…

To qualify as "consideration of like nature" the employer provided benefit must meet all of the following elements:(1) The benefit must be objectively critical to protecting the worker's basic health and survival at the time of injury or date of disease manifestation.(a) The bene…

(1) No. The value of other consideration of like nature is only included in the worker's monthly wage if:(a) The employer, through its full or partial payment, provided the benefit to the worker at the time of injury or on the date of disease manifestation;(b) The worker received…

The amount paid by the employer for the benefit at the time of injury or on the date of disease manifestation represents the amount that may be included in the worker's monthly wage.[Statutory Authority: RCW 51.04.010, 51.04.020 and 142 Wn.2d 801 (2001). WSR 03-11-035, § 296-14-5…

(1) When the worker's monthly wage is computed under RCW 51.08.178(1), only the overtime hours the worker normally works are taken into consideration.(2) When the worker's monthly wage is computed under RCW 51.08.178(2), the overtime pay is included in determining the worker's wa…

The department shall furnish the benefits provided under Title 51 RCW to any worker or beneficiary who may have a right or claim for benefits under the maritime laws of the United States resulting from an asbestos-related disease if there are objective clinical findings to substa…

A residence modification is a permanent change to an existing residence or a repair of a modification previously approved and paid for by the department or self-insured employer, or a modification made when constructing a new residence.Household appliances such as refrigerators, …

The residence modification benefit is a sum of money used to modify a worker's residence for purposes of safety, mobility and activities of daily living, when those modifications are made necessary by the nature of the worker's condition subsequent to a catastrophic injury. Activ…

Residence modification benefits are only available to workers with an allowed catastrophic injury claim. Catastrophic injuries are the most serious of conditions and include, but are not limited to, head trauma, paralysis and amputation.[Statutory Authority: RCW 51.04.010, 51.04.…

Before the department or self-insured employer will consider an application for modification, the residence must meet the following criteria:(1) The residence must be structurally sound and free of obvious structural defects. The department may request a safety inspection. The de…

The worker may request residence modification at any time when his or her allowed claim is either open or the worker has been determined to be permanently and totally disabled.[Statutory Authority: RCW 51.04.010, 51.04.020, 51.32.240, and 2005 c 411. WSR 06-06-065, § 296-14-6208,…

The maximum amount of the benefit is the state's average annual wage at the time that each modification request is approved. The department or self-insured employer will not pay for modifications that exceed the maximum amount. The department or self-insured employer may make sev…

The department can pay for additional or subsequent residence modifications so long as the cost does not exceed the maximum benefit in effect at the time that each modification request is approved.[Statutory Authority: RCW 51.04.010, 51.04.020, 51.32.240, and 2005 c 411. WSR 06-0…

No. The department or self-insured employer will pay for residence modifications on only one residence for each catastrophically injured worker.[Statutory Authority: RCW 51.04.010, 51.04.020, 51.32.240, and 2005 c 411. WSR 06-06-065, § 296-14-6214, filed 2/28/06, effective 4/1/06…

The worker may inquire about residence modification benefits by contacting his or her adjudicator. The department or self-insured employer will then refer the worker to a residence modification consultant for evaluation.[Statutory Authority: RCW 51.04.010, 51.04.020, 51.32.240, a…

The department or self-insured employer will consider modifying a residence when the worker lives in and considers the residence to be his or her permanent residence. It is not required that the worker own or rent the residence.[Statutory Authority: RCW 51.04.010, 51.04.020, 51.3…

The department or self-insured employer may modify a standard house, a residential unit in a multiunit dwelling, or a manufactured/mobile residence.The department or self-insured employer will only authorize modification of manufactured/mobile residences when the factory assemble…

When the worker has notified the department or self-insured employer of his or her intention to request a residence modification, the department or self-insured employer will require an on-site evaluation by a residence modification consultant.A residence modification consultant …

Yes. However, the department or self-insured employer will not pay for professional services prior to approval of the residence modification.If approved, the cost of architectural, engineering, predesign and planning services will be included in the residential modification benef…

For the department to process a residence modification request, the worker must provide the adjudicator with at least the following information:(1) Documentation of residence ownership. If the worker does not own the residence, he or she must submit the actual owner's proof of ow…

(1) The attending provider may need to submit medical documentation verifying the worker's condition and the necessity for any residence modification.(2) The residence modification consultant must submit an evaluation, based on an in-home inspection, of the worker's needs for saf…

The department will pay the benefit only with the approval of the supervisor of industrial insurance. A self-insured employer may pay the benefit without the supervisor's approval, but may not deny the benefit. The supervisor of industrial insurance alone has the authority to den…

The supervisor will consider requests for residence modifications on a case-by-case basis. The supervisor may approve all or part of the requested modifications, based on what is reasonable and necessary for the individual worker.In order to determine what is reasonable and neces…

The department or self-insured employer may approve a payment of a portion of a residence modification request, not to exceed the maximum benefit. The department or self-insured employer will identify the portions of the residence modification for which payment will be approved b…

Yes. However, the benefit may be applied only to the cost difference between a standard residence structure and the modified structure.[Statutory Authority: RCW 51.04.010, 51.04.020, 51.32.240, and 2005 c 411. WSR 06-06-065, § 296-14-6234, filed 2/28/06, effective 4/1/06.]

The department will notify the worker, contractors, homeowner (if not the worker), residence modification consultant, attending provider and employer of the supervisor's decision in writing.[Statutory Authority: RCW 51.04.020, 51.04.030, and 51.36.010. WSR 25-11-071, s 296-14-623…

The department will pay the contractor directly and/or reimburse the worker for any payment already made to the contractor for approved and completed residence modifications. In order to determine that modifications have been satisfactorily completed, the department will require …

(1) The department uses actuarially determined pension tables for calculating pension annuity values, required pension reserves, and actuarial adjustments to monthly benefit amounts.(a) The department's actuaries calculate the pension tables based on:(i) Mortality tables from nat…

WAC 296-14-900 through 296-14-940 implement RCW 51.12.102 and 51.24.110, which authorize the department to use private attorneys as special assistant attorneys general.[Statutory Authority: RCW 51.24.110 and 51.12.102. WSR 98-19-001, § 296-14-900, filed 9/2/98, effective 10/5/98.…

(1) The department must determine from the application and other sources if an attorney qualifies to be placed on the lists of attorneys eligible to represent the department as special assistant attorneys general. The department may consult with the Washington State Bar Associati…

To be eligible for placement on the department's lists of attorneys, an attorney must:(1) Be an active member of the Washington State Bar Association;(2) Meet bar association requirements of the state the action is in, if other than Washington;(3) Maintain a trust account in comp…

(1) Application forms may be obtained from the office of the attorney general, the Washington State Bar Association, or the department.(2) The applicant must:(a) Complete the form and send it to the department; and(b) Inform the department and the office of the attorney general i…

(1) RCW 51.12.102 and 51.24.110 and WAC 296-14-900 through 296-14-940 do not give private attorneys on the special assistant attorneys general lists any right to expect employment.(2) Private attorneys, unless representing the department in a specific case, must not:(a) Refer to …

(1) The department of labor and industries (hereinafter department) shall fix a reasonable attorney fee to be paid by the worker, crime victim, or beneficiary for services rendered with the department if written application therefor is made by the attorney, worker, crime victim, …

(1) Pursuant to RCW 51.28.070, workers may be allowed to review their claim file(s) upon written request to the department or self-insurer. The written request should contain the worker's name, claim number, signature, and the information requested. If the request is approved, th…

(1) The following definitions apply to the entire chapter:(a) "Community workforce agreement (CWA)" means a prehire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project and…

(1) To qualify for department certification for the 50 percent retail sales and use tax remittance for machinery and equipment installed and the labor and services rendered in respect to installing the machinery and equipment, a Category 1 clean energy project must meet the follo…

To qualify for department certification for the 50 percent retail and use tax remittance for machinery and equipment and the labor and services rendered in respect to installing the machinery and equipment, a Category 2 clean energy project must meet the standards for procurement…

(1) For Category 1 and Category 2 clean energy projects under RCW 82.08.962 and 82.12.962, businesses applying for department certification must complete an application in a form required by the department prior to the start of the project.(2) Businesses must maintain records and…

(1) To qualify for department certification for the 50 percent reduction in the amount of deferred state sales and use tax to be repaid for under RCW 82.89.060, the eligible investment projects must meet the following minimum requirements:(a) Standard for procurement from and con…

(1) Recipients applying for department certification under chapter 82.89 RCW, must complete an application in a form required by the department prior to the initiation of construction of the investment project.(2) Businesses must maintain records and documentation open to review …

(1) To qualify for department certification for the 50 percent reduction in the amount of deferred state sales and use tax to be repaid under RCW 82.90.060, the eligible investment projects must meet the following minimum requirements:(a) Standard for procurement from and contrac…

(1) Recipients applying for department certification for solar canopies placed on large-scale commercial parking lots and other similar areas under chapter 82.90 RCW must complete an application in a form required by the department prior to the initiation of construction of the i…

(1) Applicants for department certification may request reconsideration of the department's decision to deny certification. The request for reconsideration must be received by the department within 30 calendar days from the date the department's decision is communicated to the ap…

(1) In a state fund claim, any party may submit a structured settlement application form to the department. (2) The department will perform an initial review and determine if negotiations should proceed. When deciding whether to enter into negotiations for a structured settlement…

(1) Who is an affected employer? An employer is an affected employer if the cost of the claim which may be the subject of a structured settlement agreement is included in the calculation of the employer's experience factor used to determine premiums. The department will send noti…

The department or self-insured employer must continue to manage the industrial insurance claim and pay benefits to which the worker is entitled during any settlement negotiation until the agreement is final.[Statutory Authority: RCW 51.04.020, 51.04.030, and 2011 1st sp.s. c 37 §…

No. Issues outside of Title 51 RCW including, but not limited to, continued employment or discrimination claims cannot be settled within the structured settlement agreement.[Statutory Authority: RCW 51.04.020, 51.04.030, and 2011 1st sp.s. c 37 § 305. WSR 12-07-065, § 296-14A-040…

Future industrial injury or occupational disease claims may not be settled as part of a structured settlement. Future claims include, but are not limited to: (1) Work-related injuries that have not yet occurred or occupational diseases that have not yet manifested;(2) Application…