Wash. Rev. Code » Title 51 · Chapter 51.28

Wash. Rev. Code § 51.28.040

Application for change in compensation

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(1)(a) If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor. Where the application has been granted, compensation and other benefits if in order shall be allowed for periods of time up to 60 days prior to the receipt of such application, except as provided in (b) of this subsection.
(b) Compensation and other benefits under (a) of this subsection shall be allowed for periods of time beyond 60 days, up to and including the time period covering the change of circumstances warranting an increase or rearrangement of compensation or other benefits, subject to a maximum of 120 days prior to the receipt of the application, where:
(i) The application was not received by the department or self-insurer within 60 days of the provision of medical services made necessary by the change in circumstances, due to a failure of the treating provider to timely complete or submit the provider information section of the application; and
(ii) The worker demonstrates that the worker information section of the application was completed and submitted via certified mail or electronic verification of receipt to the department, self-insurer, or the treating provider within 30 days of the provision of medical services made necessary by the change in circumstances.
(2) Any forms provided by the department or self-insurer as the application to reopen a claim under subsection (1)(a) of this section, must:
(a) Encourage the worker to submit the form to the treating provider within 30 days of the provision of any medical services made necessary by the change in circumstances; and
(b) Provide notice to both the worker and the medical provider that the application must be received by the department or self-insurer within 60 days of the provision of any medical services made necessary by the change in circumstances.
[ 2022 c 269 s 1; 1977 ex.s. c 199 s 1; 1961 c 23 s 51.28.040. Prior: 1927 c 310 s 6, part; 1921 c 182 s 7, part; 1911 c 74 s 12, part; RRS s 7686, part.]
Notes of Decisions
Cited in 11 cases, 2005–2019 · leading case: Lynn v. Department of Labor & Industries
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Lynn v. Department of Labor & Industries (2005) washctapp · cites it 8× “Lynn contends that under RCW 51.28.040, Cockle constituted a change of circumstances justifying recalculation of his benefits.”
Lynn v. STATE DEPT. OF LABOR & INDUSTRIES (2005) washctapp · cites it 7× “Lynn contends that under RCW 51.28.040, Cockle constituted a change of circumstances justifying recalculation of his benefits.”
Chavez v. L&I (2005) washctapp · cites it 3× “L & I concluded that the 1998 time-loss rate order setting his time-loss rate was final and the Cockle decision was not a "change in circumstances" which would warrant the modification of a final order under RCW 51.28.040. [2] Clerk's Papers (CP) at 30.”
Chavez v. Department of Labor & Industries (2005) washctapp · cites it 2× “RCW 51.28.040 provides: If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor.”
Hyatt v. Department of Labor & Industries (2006) washctapp · cites it 11× “RCW 51.28.040 cannot be used as a basis to recalculate the claimant’s time loss compensation rate because the change in circumstances involving the termination of claimant’s health insurance benefits occurred before the October 23, 1998 order.”
VanHess v. Department of Labor & Industries (2006) washctapp · cites it 9× “¶2 We reverse the trial court’s decision and reinstate the BIIA’s September 10, 2003 decision and order affirming (1) that a time-loss compensation calculation is final if a request for reconsideration or an appeal is not filed within 60 days of its issuance and (2) that a…”
Ronald v. Ma'ae, V State Of Wa Dept Of Labor And Industries (2019) washctapp “If the application to reopen is granted, compensation will be paid pursuant to RCW 51.28.040. If the application to reopen is denied, the worker shall repay such compensation pursuant to RCW 51.”
Robbins v. Department of Labor & Industries (2015) washctapp “If the application meets the requirements set forth in Donati , it triggers the provisions of RCW 51.28.040, as well as the provisions of RCW 51.”
Kovacs v. Department of Labor & Industries (2015) washctapp “2d 1025 (1936) (stating the issue was whether reporting a fall that resulted in a sprained ankle complied with RCW 51.28.040 such that an additional application after the lapse of one year from the date of injury for other injuries from the same fall were permitted); Beels v.”
Shawn L. Robbins v. Dept. of Labor & Industries (2015) washctapp “If the application meets the requirements set forth in Donati, it triggers the provisions ofRCW 51.28.040, as well as the provisions of RCW 51.”
John D. Kovacs v. Dept. of Labor & Industries, State Of Washington (2015) washctapp “2d 1025 (1936) (stating the issue was whether reporting a fall which resulted in a sprained ankle complied with RCW 51.28.040 such that an additional application after the lapse of one year from the date of injury for other injuries from the same fall were permitted); Beels v.”
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