Department closed claim in Washington

2016As the Industrial Insurance Act (MA)5 is remedial in nature, courts liberally construe it in favor of the worker.6 The MA permits an injured worker to reopen a claim upon showing that an aggravation of a disability occurred within seven years after the Department closed that claim.7 The aggravation need not be the result of the work injury but can be a worsening produced by daily life.8 Though not required by statute, some case law requires the worker to support a request to reopen with some objective medical evidence, verified by a physician, that the injury has worsened since the closure of

2016As the Industrial Insurance Act (MA)5 is remedial in nature, courts liberally construe it in favor of the worker.6 The MA permits an injured worker to reopen a claim upon showing that an aggravation of a disability occurred within seven years after the Department closed that claim.7 The aggravation need not be the result of the work injury but can be a worsening produced by daily life.8 Though not required by statute, some case law requires the worker to support a request to reopen with some objective medical evidence, verified by a physician, that the injury has worsened since the closure of

2001Clauson, 130 Wash.2d at 583 , 925 P.2d 624 .

2001Clauson, 130 Wn.2d at 583 .

2000The Board affirmed the Department’s denial of LEP benefits relying on Davis v. Bendix Corp., 82 Wn.

2000The Board affirmed the Department's denial of LEP benefits relying on Davis v. Bendix Corp., 82 Wash.App. 267, 274 , 917 P.2d 586 , review denied, 130 Wash.2d 1004 , 925 P.2d 989 (1996) [3] and the doctrine of stare decisis.

2016App. 439, 446 , 312 P.3d 676 (2013), review denied, 180 Wn.2d 1007 (2014). 8 Tollvcraft Yachts Corp. v. McCoy, 122 Wn.2d 426, 432 , 858 P.2d 503 (1993). 9 Tollvcraft Yachts Corp., 122 Wn.2d at 432 ; Wilber, 61 Wn.2d at 446 . 10 Wilber, 61 Wn.2d at 445 (quoting Hinds v. Johnson, 55 Wn.2d 325, 327 , 347 P.2d 828 (1959)). 11 Wilber, 61 Wn.2d at 445 (quoting Hinds, 55 Wn.2d at 327 ). -7- NO. 75232-4-1 / 8 In Price v. Department of Labor & Industries,12 the Supreme Court eliminated the objective finding requirement for psychiatric disabilities.

2016App. 439, 446 , 312 P.3d 676 (2013), review denied, 180 Wn.2d 1007 (2014). 8 Tollvcraft Yachts Corp. v. McCoy, 122 Wn.2d 426, 432 , 858 P.2d 503 (1993). 9 Tollvcraft Yachts Corp., 122 Wn.2d at 432 ; Wilber, 61 Wn.2d at 446 . 10 Wilber, 61 Wn.2d at 445 (quoting Hinds v. Johnson, 55 Wn.2d 325, 327 , 347 P.2d 828 (1959)). 11 Wilber, 61 Wn.2d at 445 (quoting Hinds, 55 Wn.2d at 327 ). -7- NO. 75232-4-1 / 8 In Price v. Department of Labor & Industries,12 the Supreme Court eliminated the objective finding requirement for psychiatric disabilities.

2016App. 439, 446 , 312 P.3d 676 (2013), review denied, 180 Wn.2d 1007 (2014). 8 Tollvcraft Yachts Corp. v. McCoy, 122 Wn.2d 426, 432 , 858 P.2d 503 (1993). 9 Tollvcraft Yachts Corp., 122 Wn.2d at 432 ; Wilber, 61 Wn.2d at 446 . 10 Wilber, 61 Wn.2d at 445 (quoting Hinds v. Johnson, 55 Wn.2d 325, 327 , 347 P.2d 828 (1959)). 11 Wilber, 61 Wn.2d at 445 (quoting Hinds, 55 Wn.2d at 327 ). -7- NO. 75232-4-1 / 8 In Price v. Department of Labor & Industries,12 the Supreme Court eliminated the objective finding requirement for psychiatric disabilities.

2016App. 439, 446 , 312 P.3d 676 (2013), review denied, 180 Wn.2d 1007 (2014). 8 Tollvcraft Yachts Corp. v. McCoy, 122 Wn.2d 426, 432 , 858 P.2d 503 (1993). 9 Tollvcraft Yachts Corp., 122 Wn.2d at 432 ; Wilber, 61 Wn.2d at 446 . 10 Wilber, 61 Wn.2d at 445 (quoting Hinds v. Johnson, 55 Wn.2d 325, 327 , 347 P.2d 828 (1959)). 11 Wilber, 61 Wn.2d at 445 (quoting Hinds, 55 Wn.2d at 327 ). -7- NO. 75232-4-1 / 8 In Price v. Department of Labor & Industries,12 the Supreme Court eliminated the objective finding requirement for psychiatric disabilities.

2016Singletarv, 166 Wn.

2016Two years later, the Department closed the claim "with time loss compensation as paid to January 24, 2004 but without a further award for time loss or permanent partial disability." Singletarv, 166 Wn.

2016As the Industrial Insurance Act (MA)5 is remedial in nature, courts liberally construe it in favor of the worker.6 The MA permits an injured worker to reopen a claim upon showing that an aggravation of a disability occurred within seven years after the Department closed that claim.7 The aggravation need not be the result of the work injury but can be a worsening produced by daily life.8 Though not required by statute, some case law requires the worker to support a request to reopen with some objective medical evidence, verified by a physician, that the injury has worsened since the closure of

2016App. 439, 446 , 312 P.3d 676 (2013), review denied, 180 Wn.2d 1007 (2014). 8 Tollvcraft Yachts Corp. v. McCoy, 122 Wn.2d 426, 432 , 858 P.2d 503 (1993). 9 Tollvcraft Yachts Corp., 122 Wn.2d at 432 ; Wilber, 61 Wn.2d at 446 . 10 Wilber, 61 Wn.2d at 445 (quoting Hinds v. Johnson, 55 Wn.2d 325, 327 , 347 P.2d 828 (1959)). 11 Wilber, 61 Wn.2d at 445 (quoting Hinds, 55 Wn.2d at 327 ). -7- NO. 75232-4-1 / 8 In Price v. Department of Labor & Industries,12 the Supreme Court eliminated the objective finding requirement for psychiatric disabilities.

2014Hartje, 148 Wn.

2012Callihan, 10 Wn.

2001Clauson, 130 Wash.2d at 583 , 925 P.2d 624 .

2000The Board affirmed the Department's denial of LEP benefits relying on Davis v. Bendix Corp., 82 Wash.App. 267, 274 , 917 P.2d 586 , review denied, 130 Wash.2d 1004 , 925 P.2d 989 (1996) [3] and the doctrine of stare decisis.

1995In Turner v. Department of Labor & Indus., 41 Wn.2d 739 , 251 P.2d 883 (1953), we held that a worker who previously sustained an industrial injury and was working as a millwright in a saw mill when the Department closed his claim was not totally and permanently disabled.

1995In Turner v. Department of Labor & Indus., 41 Wn.2d 739 , 251 P.2d 883 (1953), we held that a worker who previously sustained an industrial injury and was working as a millwright in a saw mill when the Department closed his claim was not totally and permanently disabled.

1956Moses v. Department of Labor & Industries, 44 Wn. (2d) 511, 268 P. (2d) 665 ; Johnson v. Department of Labor & Industries, 45 Wn. (2d) 71, 273 P. (2d) 510 .

1956Moses v. Department of Labor & Industries, 44 Wn. (2d) 511, 268 P. (2d) 665 ; Johnson v. Department of Labor & Industries, 45 Wn. (2d) 71, 273 P. (2d) 510 .

1956White v. Department of Labor & Industries, 48 Wn. (2d) 413, 293 P. (2d) 764 (1956); Clayton v. Department of Labor & Industries, 48 Wn. (2d) 754, 296 P. (2d) 676 (1956).

1956White v. Department of Labor & Industries, 48 Wn. (2d) 413, 293 P. (2d) 764 (1956); Clayton v. Department of Labor & Industries, 48 Wn. (2d) 754, 296 P. (2d) 676 (1956).