By Shawna Fruin, Attorney at Law
Effective January 1, 2026, Senate Bill 5463 will significantly broaden the duty of good faith and fair dealing within the Washington workers’ compensation system. This legislation extends the good faith and fair dealing obligations
Workers' Compensation Defense Blog
The Workers' Compensation Defense Blog, published by Reinisch Wilson Weier PC, focuses on legal developments and practical guidance related to workers' compensation defense. It covers topics such as legislative changes affecting employer duties, case law clarifying compensability standards for pre-existing conditions, employer obligations in claim administration, and procedural updates impacting communication with medical providers. The blog analyzes recent court decisions and regulatory updates that influence claim handling, penalties for non-compliance, and strategies for managing claims involving complex medical and legal issues. It serves as a resource for employers, insurers, and legal professionals involved in workers' compensation defense, particularly in Washington and Oregon jurisdictions.
Blog Authors
Latest from Workers' Compensation Defense Blog
De Facto Denial under Nava v. SAIF
By Vincci W. Lam, Attorney at Law
Are you scratching your head after receiving a Request for Hearing alleging a “de facto denial,” but a careful review of the medical record reveals no new/omitted condition request? You may be encountering Nava v. SAIF—the…
Court of Appeals Clarifies When a Pre-Existing Condition is Compensably Exacerbated
By Monica A. Nassar, Attorney at Law
The Oregon Court of Appeals recently clarified what standard applies to claims involving a pre-existing condition that was exacerbated or rendered symptomatic by a work injury. In Barnes v. Cache Valley Electric,…
The Impact of Brownlee: Proceed with Caution When Authorizing Treatment
By Mary F. Hannon, Attorney at Law
The Board of Industrial Insurance Appeals recently issued a decision providing further clarity in terms of how Maphet applies in situations where an employer authorizes treatment that the worker never pursues.
On December…
Communication with Providers Timeline Ramps Up
By Rebecca L. Fey, Attorney at Law
Effective April 1, 2025, an insurer or its representative has only two days to respond to a medical provider’s inquiry about claim status, accepted conditions, or MCO enrollment. This two day timeline excludes…
What’s going on with LNI’s proposed policy updates regarding LEP?
By Shawna G. Fruin, Attorney at Law
In March 2025, the Department of Labor and Industries (LNI) asked for community comment on proposed updates to its loss of earning power (LEP) policy,[1] prompting many in the self-insured community to…
CRACKDOWN ON IME NOTICE LANGUAGE THAT IS “NONSPECIFIC”
By Isaac S. Conzatti, Attorney at Law
Ordering an IME is one of the most common and important steps to investigating and further processing a claim. This is why it can be extremely frustrating when a suitable IME slot is…
The State of IME Recording in Washington
By Chris E. Fender, Attorney at Law
Recently, the Washington Department of Labor and Industries introduced a six-month-long third-party recording pilot program for independent medical examinations. Why introduce this pilot program, you ask? To answer that question, let’s start with…
Forwarding Prior Medical Records and IME Reports to Attending Physicians/Authorized Nurse Practitioners
By Blake J. Howell, Attorney at Law
Our goal at Reinisch Wilson is to avoid costly and burdensome litigation whenever possible. One area of increasing frequency relates to attending providers filing medical disputes for Department penalties alleging a failure to…
Legal Requirements for a Light Duty Job Offer
By Vincci W. Lam, Attorney at Law
No one wants a work injury to occur, but when it happens, the goal of the workers’ compensation system is to facilitate appropriate treatment and then bring workers back to suitable and gainful…