Rules Under Development

Industrial insurance

Chapter 296-14, WAC

All updates for this rule:

296-14 Industrial Insurance, 296-20 Medical Aid Rules, 296-21 Reimbursement Policies: Psychiatric Services, Biofeedback, Physical Medicine

In 2013, The American Psychiatric Association released the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). L&I is considering adopting rules in order to aid in the implementation and consistent use of new DSM versions within Washington’s workers’ compensation program.715.


PDF: Preproposal (CR-101)

Chapters 296-14 and 296-20 WAC

The proposed rule is needed to clarify the department's rules and policies around payment of “temporary partial disability,” also known as loss of earning power or LEP. The department's rules currently provide payment of LEP to “medical fixity,” which occurs when no fundamental or marked change in an accepted condition can be expected, with or without treatment. However, the Board of Industrial Insurance Appeals has consistently held in significant decisions that LEP is to be paid until “legal fixity”, or claim closure.674.


PDF: Preproposal (CR-101)

296-14, 296-15, 296-20

The rulemaking effort is in response to Chapter 280, Laws of 2008 (E2SHB 3139). These rules will be reviewed for changes to ensure consistency with the new law as well as make any other changes that may be needed for clarification purposes.530.


PDF: Preproposal (CR-101)


The proposed rulemaking will assist in the implementation of Chapter 297, Laws of 2007 (SHB 1244). The proposed rulemaking will amend existing rules that conflict with the law and may include new rules that clarify when the employer’s contribution for health care benefits is included in the worker’s monthly wage.510.


PDF: Preproposal (CR-101)

The proposed rules will assist in the implementation of Chapter 77, Laws of 2007 (SSB 5443). The proposed rulemaking will: Define bona fide workplace safety and accident prevention program and first aid, and establish the penalty structure for employers when there is a finding of claim suppression. Consideration will be given to when and how employers may be required to notify workers of a finding of claim suppression. In addition, the rulemaking may address additional issues identified in the rule development process.449.


PDF: Preproposal (CR-101)

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