If you disagree with audit findings, you may request for reconsideration with the Private Sector Rehabilitation Services or you may appeal to the Board of Industrial Insurance Appeals (BIIA).

Submitting a request for reconsideration

Submit your request for reconsideration or to appeal as soon as possible, you have:

• 60 days, if penalties or corrective action is assessed.
• 20 days, if an adjustment to a previous payment has been reduced or if a demand for repayment is assessed.

If the request is not received within this time, the decision becomes final.

The reconsideration request should address the specific findings in the audit report. This request should include:

1. The specific audit finding.
2. The claim number, finding number and WAC violation. (Sometimes claim numbers and finding numbers are for the same WAC violation.)
3. The specific reasons you believe the decision/finding is wrong.

Note: Any mitigation requested because of personal circumstances (i.e. recent hospitalization) may result in reduced penalities, but does not result in the removal of any findings for violation of WAC 296-19A (www.leg.wa.gov). Reconsideration requests are evaluated on logical, not emotional arguments.

Send your request for reconsideration to:

• Attn: Robert "Rheo" Aieta, CRC
  Private Sector Rehabilitation Services Manager
  Department of Labor and Industries
  Private Sector Rehabilitation Services
  PO Box 44326
  Olympia, WA 98504-4326

The PSRS auditor will review the findings and issue a decision.

What if I still disagree?

You may appeal to the BIIA. There are two options.

• Submit a letter to:
  • The Board of Industrial Insurance Appeals
    2430 Chandler Court SW
    PO Box 42401
    Olympia WA 98504-2401
    
    Phone: 360-753-6823.
• Or submit electronically to the BIIA (www.biia.wa.gov).

May I appeal directly to the Board first?

Yes. You may appeal directly to the BIIA without first requesting reconsideration. However, after receiving your appeal, the Board will notify L&I, so L&I has an opportunity to reconsider it's original decision.

For more details

RCW 51.52.060 (www.leg.wa.gov) - Notice of appeal - Time - Cross-appeal - Departmental options.

The Board of Industrial Insurance Appeals (www.biia.wa.gov).