Revised Code of Washington
Wash. Rev. Code § 51.28.020 (2026)
✓ current as of May 2026
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(1)(a) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her self-insured employer, as the case may be, his or her application for such, together with the certificate of the physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed *advanced registered nurse practitioner, physician assistant, or psychologist in claims solely for mental health conditions, who attended him or her. An application form developed by the department shall include a notice specifying the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010(2)(a), and listing the types of providers authorized to provide these services.
(b) The physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed *advanced registered nurse practitioner, physician assistant, or psychologist in claims solely for mental health conditions, who attended the injured worker shall inform the injured worker of his or her rights under this title and lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker. The department shall provide a manual which outlines the procedures to be followed in applications for compensation involving occupational diseases, and which describes claimants' rights and responsibilities related to occupational disease claims.
(2) If the application required by this section is:
(a) Made to the department and the employer has not received a copy of the application, the department shall immediately send a copy of the application to the employer; or
(b) Made to a self-insured employer, the employer shall forthwith send a copy of the application to the department.
(3) The application required by this section may be transmitted to the department electronically.
[ 2023 c 171 s 4; 2005 c 108 s 3; (2005 c 108 s 2 expired June 30, 2007); 2004 c 65 s 4; 2001 c 231 s 2; 1984 c 159 s 3; 1977 ex.s. c 350 s 33; 1971 ex.s. c 289 s 38; 1961 c 23 s 51.28.020. Prior: 1927 c 310 s 6, part; 1921 c 182 s 7, part; 1911 c 74 s 12, part; RRS s 7686, part.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—Retroactive application—2023 c 171: See note following RCW 51.04.050.
Effective date—2005 c 108 s 3: "Section 3 of this act takes effect June 30, 2007." [ 2005 c 108 s 6.]
Expiration date—2005 c 108 s 2: "Section 2 of this act expires June 30, 2007." [ 2005 c 108 s 5.]
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective date—2001 c 231: See note following RCW 51.28.010.
(1)(a) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her self-insured employer, as the case may be, his or her application for such, together with the certificate of the physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed advanced practice registered nurse, physician assistant, or psychologist in claims solely for mental health conditions, who attended him or her. An application form developed by the department shall include a notice specifying the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010(2)(a), and listing the types of providers authorized to provide these services.
(b) The physician, osteopathic physician, chiropractor, naturopath, podiatric physician, optometrist, dentist, licensed advanced practice registered nurse, physician assistant, or psychologist in claims solely for mental health conditions, who attended the injured worker shall inform the injured worker of his or her rights under this title and lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker. The department shall provide a manual which outlines the procedures to be followed in applications for compensation involving occupational diseases, and which describes claimants' rights and responsibilities related to occupational disease claims.
(2) If the application required by this section is:
(a) Made to the department and the employer has not received a copy of the application, the department shall immediately send a copy of the application to the employer; or
(b) Made to a self-insured employer, the employer shall forthwith send a copy of the application to the department.
(3) The application required by this section may be transmitted to the department electronically.
[ 2025 c 58 s 5114; 2023 c 171 s 4; 2005 c 108 s 3; (2005 c 108 s 2 expired June 30, 2007); 2004 c 65 s 4; 2001 c 231 s 2; 1984 c 159 s 3; 1977 ex.s. c 350 s 33; 1971 ex.s. c 289 s 38; 1961 c 23 s 51.28.020. Prior: 1927 c 310 s 6, part; 1921 c 182 s 7, part; 1911 c 74 s 12, part; RRS s 7686, part.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—Retroactive application—2023 c 171: See note following RCW 51.04.050.
Effective date—2005 c 108 s 3: "Section 3 of this act takes effect June 30, 2007." [ 2005 c 108 s 6.]
Expiration date—2005 c 108 s 2: "Section 2 of this act expires June 30, 2007." [ 2005 c 108 s 5.]
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective date—2001 c 231: See note following RCW 51.28.010.
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1953–2026 · leading case: Kustura v. Dep't of Labor & Indus., 169 Wash. 2d 81 (Wash. 2010).
Kustura v. Dep't of Labor & Indus., 169 Wash. 2d 81 (Wash. 2010). “RCW 51.28.020, .050. If a worker disagrees with the Department’s workers’ compensation decision, the worker may appeal to the Board.”
KUSTURA v. Dept. of Labor & Indus., 233 P.3d 853 (Wash. 2010). “RCW 51.28.020, .050. If a worker disagrees with the Department's workers' compensation decision, the worker may appeal to the Board.”
Michael Weaver v. City Of Everett, 421 P.3d 1013 (Wash. Ct. App. 2018). “Unlike at common law, these provisions do not suggest that the worker could allege facts in support 15 See also RCW 51.28.020(1)(a). The Act defined that “[t]he words injury or injured, as used in this act, refer only to an injury resulting from some fortuitous event as…”
Roth v. Kay, 664 P.2d 1299 (Wash. Ct. App. 1983). “The cause was dismissed on motion for summary judgment, the trial court ruling that RCW 51.28.020 precluded any action against the doctor for negligently not filing the application because it was the nondelegable duty of Roth to file it.”
Shafer v. Dep't, 213 P.3d 591 (Wash. 2009). “RCW 51.28.020(1)(b). Physicians are also required to follow rules and regulations adopted by the Department as well as provide reports to the Department regarding treatment given to the worker.”
Shafer v. Dep't of Labor & Indus., 166 Wash. 2d 710 (Wash. 2009). “RCW 51.28.020(1)(b). Physicians are also required to follow rules and regulations adopted by the Department as well as provide reports to the Department regarding treatment given to the worker.”
Leuluaialii v. Dep't of Labor & Indus., 279 P.3d 515 (Wash. Ct. App. 2012). “RCW 51.28.020(l)(b). ... In addition, there are numerous other statutory and regulatory obligations that an attending physician is required to assume once the worker’s claim is accepted by the Department.”
Annechino v. Worthy, 252 P.3d 415 (Wash. Ct. App. 2011). “Division One of this court held that the doctor arguably had a statutory duty to file the application under RCW 51.28.020, but even if the doctor had gratuitously agreed to file the application, "`one who assumes to act, even though gratuitously, may thereby become subject to…”
Wilbur v. Dep't of Labor & Indus., 686 P.2d 509 (Wash. Ct. App. 1984). “By statute, a physician who attends a worker entitled to compensation has a duty "to inform the injured worker of his or her rights under [the workers' compensation act] and to lend all necessary assistance in making [the worker's] application for compensation .”
Annechino v. Worthy, 162 Wash. App. 138 (Wash. Ct. App. 2011). “Division One of this court held that the doctor arguably had a statutory duty to file the application under RCW 51.28.020, but even if the doctor had gratuitously agreed to file the application, “ ‘one who assumes to act, even though gratuitously, may thereby become subject to…”
Pate v. Gen. Elec. Co., 260 P.2d 901 (Wash. 1953). “020], provides: “Where a workman is entitled to compensation under this act he shall file with the department,' his application for such, together with the certificate of the physician who attended him, and it shall be the duty of the physician to inform the injured workman of…”
Shafer v. Dep't of Labor & Indus., 140 Wash. App. 1 (Wash. Ct. App. 2007). “¶21 RCW 51.28.020 imposes upon attending physicians an express duty to inform injured workers of their rights under the act and to assist them in applying for compensation.”
— Wash. Rev. Code § 51.28.020(1) — 1 case
Masco Corp. v. Alfredo Suarez, 433 P.3d 824 (Wash. Ct. App. 2019).
— Wash. Rev. Code § 51.28.020(1)(a) — 1 case
Michael Weaver v. City Of Everett, 421 P.3d 1013 (Wash. Ct. App. 2018). “Unlike at common law, these provisions do not suggest that the worker could allege facts in support 15 See also RCW 51.28.020(1)(a). The Act defined that “[t]he words injury or injured, as used in this act, refer only to an injury resulting from some fortuitous event as…”
— Wash. Rev. Code § 51.28.020(1)(b) — 3 cases
Shafer v. Dep't, 213 P.3d 591 (Wash. 2009). “RCW 51.28.020(1)(b). Physicians are also required to follow rules and regulations adopted by the Department as well as provide reports to the Department regarding treatment given to the worker.”
Shafer v. Dep't of Labor & Indus., 166 Wash. 2d 710 (Wash. 2009). “RCW 51.28.020(1)(b). Physicians are also required to follow rules and regulations adopted by the Department as well as provide reports to the Department regarding treatment given to the worker.”
Catherine Borghes v. Nick Flugstad, MD (Wash. Ct. App. 2026).
— Wash. Rev. Code § 51.28.020(2)(a) — 1 case
Shafer v. Dep't of Labor & Indus., 140 Wash. App. 1 (Wash. Ct. App. 2007). “¶21 RCW 51.28.020 imposes upon attending physicians an express duty to inform injured workers of their rights under the act and to assist them in applying for compensation.”
— Wash. Rev. Code § 51.28.020(l)(b) — 2 cases
Leuluaialii v. Dep't of Labor & Indus., 279 P.3d 515 (Wash. Ct. App. 2012). “RCW 51.28.020(l)(b). ... In addition, there are numerous other statutory and regulatory obligations that an attending physician is required to assume once the worker’s claim is accepted by the Department.”
Shafer v. Dep't of Labor & Indus., 140 Wash. App. 1 (Wash. Ct. App. 2007). “¶21 RCW 51.28.020 imposes upon attending physicians an express duty to inform injured workers of their rights under the act and to assist them in applying for compensation.”
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