Rules Under Development

Industrial insurance

Chapter 296-14, WAC

All updates for this rule:

Reduce Pension Discount Rate and Update Mortality Tables (Chapter 296-14 WAC)

The current mortality tables used to determine the funding needs for injured workers who are totally permanently disabled and for survivors of fatally injured workers are over 30 years old. The department conducted a study of pensioned injured workers and their spouses in our system from 2001 to 2012 together with 2000 US Census data. The study revealed that the pension tables no longer reflect the current experience of pension beneficiaries funded by the pension reserve fund. These tables need to be updated for life expectancy and gender. The pension discount rate is the interest rate used to account for the time value of money when evaluating the present value of future pension payments. The current Pension Discount Rate of 6.5 percent is too high given market rates of long-term Treasury bonds, which are considered by the actuaries for establishing discount rates. The department has worked with the Workers’ Compensation Advisory Committee (WCAC) to develop a plan that would reduce the pension discount rate from the current 6.5 percent to 6.4 percent and continue to adjust annually, through 2022, until it reaches 4.5 percent.718.


PDF: Adoption (Rule-Making Order CR-103)

PDF: Adopted Rule Language


Public Hearing


PDF: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language


PDF: Preproposal (CR-101)

Diagnostic and Statistical Manual of Mental Disorders (DSM-5) (Chapters 296-14, 296-20, 296-21 WAC)

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: Proposed Rulemaking (CR 102)

PDF: Proposed Rule Language


PDF: Preproposal (CR-101)

Loss of Earning Power (Chapters 296-14, 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)

Pay During Appeal (Chapters 296-14, 296-15, 296-20 WAC)

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)

Banked Hours (Chapter 296-14 WAC)

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)

Claim Suppression (Chapter 296-14 WAC)

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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