Department Begins Rule Making Process on

Vocational Rehabilitation, Claims Suppression and Other Issues

On the heels of the 2007 Legislative Session, the Department is in the middle of the rules development process for issues that passed this past session, as well as some other issues.  Most notable are rules governing the new Vocational Rehabilitation pilot project, the "claims suppression" bill, and the self-insured ombudsman program.  Here's what has already been adopted by emergency rule: Advanced Registered Nurse Practitioners (effective 6/30/07); and Physician Assistants' Authorization of Time Loss (effective 7/1/07).  Here's what else is being considered through the rule making process: Minimum Financial Requirements for Self-Insurance (changing the financial requirements to make it more flexible for the Department to consider allowing companies to be eligible for self-insurance certification); concerning the "claims suppression" legislation (no language yet); concerning the vocational rehabilitation pilot project (no language yet); concerning the ombudsman for employees of self-insured employers (no decision on state employment or contracting for the service, yet); a permanent heat stress rule (based on the emergency rule); and a rule to deal with both the Granger court decision and "banked hours"/prepaid employee health care legislation (SHB 1244).  These are just the most notable rules under consideration.  In addition, additional rules are already being developed concerning: hearing loss prevention; the SIEDRS data collection project; and the experience rating portion of the Second Injury Fund.  Rules concerning the last two issues will be developed in 2008 and 2009, respectively.  Announcements for rules, hearings on rules, and the schedule of potential rule changes can be found at http://www.lni.wa.gov/LawRule/ at the bottom of the page.

Regarding the draft Granger/Pre-paid Health Care rules, please send your comments back to WSIA as soon as possible so that we may express them to the Department.  Thank you!

Stakeholder Meetings to be Held

on Permanent Heat Stress Rule

This November L&I plans to file a proposed rule for heat-related illness in the outdoor environment. During the development of this proposal, L&I will hold 4 stakeholder meetings to gather feedback for the permanent rule language. The foundation for the permanent rule language will be the emergency rule language adopted in June of 2007. L&I is specifically seeking your comments on the adopted emergency rule language online at http://www.lni.wa.gov/Safety/Topics/AtoZ/HeatStress/files/OTS-9690-4Final.pdf.  Stakeholder meetings will be held: Monday September 10, 2007, 3:00 p.m, Comfort Inn, Tumwater, 1620 74th Ave. SW, Olympia, WA 98501; Tuesday September 11, 2007, 1:00pm, Hyatt Regency Bellevue, 900 Bellevue Way NE, Bellevue, WA 98004-4247; Wednesday September 12, 2007, 1:00pm, Clarion Hotel and Conference Center, 1507 North 1st St., Yakima, WA 98901; Thursday September 13, 2007, 1:00pm, Red Lion Hotel at the Park, W. 303 North River Dr., Spokane, WA 99201.  You may also send written comments to Jamie Scibelli at scij235@lni.wa.gov. Please send any comments by close of business on Friday September, 2007.

Irony of Ironies:

State Employees Injured at Higher Rate Than in Private Industry

From the "you wouldn't believe it until you read it" file ... A recent article in the Daily Olympian details the higher injury rate for state employees compared with those in private industry.  It's a sad commentary on those who are supposedly leading by example that they're so accident-prone.  Read the story for yourself!  http://www.theolympian.com/news/story/188421.html.  If only regulators regulated their own ranks as well as they regulate everyone else.

Medical Aid Rules & Fee Schedule

for July 1, 2007 is Now Posted Online

The Department's Medical Aid Rules and Fee Schedule, effective July 1, 2007, is now online.  You can reach it at http://feeschedules.lni.wa.gov/.

Time Loss Schedule

for July 1, 2007 is Now Posted Online

The Department's Time Loss Schedule, effective July 1, 2007, is now online.  You can reach it at http://www.lni.wa.gov/ClaimsIns/Claims/Benefits/TimeLoss/default.asp

Permanent Partial Disability Awards

Schedule for July 1, 2007 is Now Posted Online

The Department's PPD Schedule, effective July 1, 2007, is now online.  You can reach it at http://www.lni.wa.gov/ClaimsIns/Claims/Benefits/Disability/default.asp.

Requesting Self-Insured and

Requesting State Fund Claims Files

In response to changes in public disclosure law, the Department of Labor & Industries has changed the way they process and respond to requests for prior industrial insurance claims files.  You will need to submit TWO requests: one to Norm Voiles for information on self insured claims (faxed to 360-902-6900), and then requests for State Fund claims histories to Paula Clayton (faxed to 360-902-6970.)  If you have questions on the status of State Fund claims information requests, you can call 360-902-5656.  Most State Fund requests will be handled within 10 business days.

Updated Self-Insurance Section

Phone Contact Listing

Need an updated list of Self-Insurance section phone numbers?  Here’s the link to the latest and greatest list, http://www.lni.wa.gov/ClaimsIns/Files/SelfIns/SelfInsPhoneList.pdf, updated July 2, 2007.  Check back at the link periodically for updated information.

You Pay for It, Use It!

DOSH Safety Materials Available for Your Use

The Department of Labor & Industries’ Division of Occupational Safety & Health has at least 27 downloadable safety videos, 75 industry fact sheets, 18 employee safety rule training kits, 85 online safety presentations, 52 construction industry toolbox talks, and over 2000 different safety, health, and risk management video titles for checkout in their safety library.  YOU pay for these services, so please take advantage of them.  You can find these materials at the DOSH webpage at the Department’s website at http://www.lni.wa.gov/safety/.

Electronic Filing of Claims Appeals

At the Board of Industrial Insurance Appeals

Did you know you can file your claims appeals electronically, online?  You can!  Go to the Board of Industrial Insurance Appeals website at www.biia.wa.gov and click on the E-filing logo.  Your appeal is submitted instantly, saving time and postage.  You are able to print a copy for your records, and a receipt showing that your submittal was received.  Give it a try!