In the State of Washington, the Board of Industrial Insurance Appeals (BIIA) is an independent state agency charged with the responsibility of hearing and deciding appeals from decisions of the Department of Labor and Industries (Department). The BIIA hears three principle types of appeals: (1) industrial insurance or workers' compensation appeals; (2) appeals from safety citations under the Washington Industrial Safety and Health Act; and (3) appeals involving crime victim compensation.
The BIIA's mission is to serve the public by resolving appeals in a consistent, impartial, timely, and efficient manner. According to the BIIA, it is committed to providing a respected, unbiased forum for the resolution of disputes and a desirable place to work, supportive of the BIIA's mission and consistent with its values.
In the workers' compensation setting, when the Department makes a determinative decision regarding an injured worker's claim, the Department must issue that decision in writing. More often than not, that decision is communicated in an order or notice of decision. The initial notice of decision should contain the following statement:
THIS ORDER BECOMES FINAL 60 DAYS FROM THE DATE IT IS COMMUNICATED TO YOU UNLESS YOU DO ONE OF THE FOLLOWING: FILE A WRITTEN REQUEST FOR RECONSIDERTATION WITH THE DEPARTMENT OR FILE A WRITTEN APPEAL WITH THE BOARD OF INDUSTRIAL INSURANCE APPEALS. IF YOU FILE FOR RECONSIDERATION, YOU SHOULD INCLUDE THE REASONS YOU BELIEVE THIS DECISION IS WRONG AND SEND IT TO: DEPARTMENT OF LABOR AND INSUTRIES, PO BOX 44291, OLYMPIA, WA 98504-4291. WE WILL REVIEW YOUR REQUEST AND ISSUE A NEW ORDER. IF YOU FILE AN APPEAL, SEND IT TO: BOARD OF INDUSTRIAL INSURANCE APPEALS, PO BOX 42401, OLYMPIA, WA 98504-2401 OR SUBMIT IT ON AN ELECTRONIC FORM FOUND AT HTTP://WWW.BIIA.WA.GOV/.
Once a written protest has been filed with the Department, the Department must issue a further determinative order on the subject. Typically, the Department's subsequent written decision will contain the following statement:
ANY APPEAL FROM THIS ORDER MUST BE MADE IN WRITING TO THE BOARD OF INDUSTRIAL INSURANCE APPEALS, P.O. BOX 42401, OLYMPIA, WA 98504-2401 OR SUBMIT IT ON AN ELECTRONIC FORM FOUND AT HTTP://WWW.BIIA.WA.GOV/ WITHIN 60 DAYS AFTER YOU RECEIVE THIS NOTICE, OR THE SAME SHALL BECOME FINAL.
While the initial statement provides an option to file a protest with the Department or an appeal with the BIIA, the Department's subsequent written decision provides only for an appeal to the BIIA. Upon receiving an order from which only an appeal to the BIIA can be made, the injured worker must decide whether an appeal is appropriate. Numerous factors must be considered when deciding whether an appeal is appropriate including, but not limited to, the strength of evidence, the extent and significance of benefits at issue, and the costs involved in the appeal and hearing process. Therefore, it is always advisable for any injured worker appealing a Department order to the BIIA to consult with an experienced attorney.
Once a decision has been appealed to the BIIA, the BIIA must first review the appeal and issue an order either granting or denying the appeal. Assuming the BIIA issues an order granting the appeal, the BIIA will schedule an initial conference, called a mediation conference. The mediation conference is managed by an Industrial Appeals Judge (IAJ) who will not be the same judge to hear the case if it cannot be resolved in mediation. During the mediation process, the parties are encouraged to exchange information and engage in discussion in an effort to reach a mutually agreeable resolution without proceeding to full litigation.
If the appeal cannot be resolved in mediation, the IAJ will forward the case to a different judge, who will hear all of the evidence and deliver a proposed decision and order. However, before hearing any evidence, the hearing judge will set a scheduling conference. At the scheduling conference, the issues are identified and the parties provide information regarding the witnesses likely to be called and the estimated amount of time needed to present his or her witnesses. Dates are set for hearings, deadlines are set for filing depositions, and a deadline is set for the parties to engage in the discovery process. The appealing party has the burden of proving by a preponderance of the evidence that the Department's decision is incorrect. Meeting this burden of proof typically requires the presentation of medical and other expert witness testimony, which can be a very expensive undertaking.
Once the IAJ has heard and considered each party's evidence, he or she will issue a proposed decision and order. If either party disagrees with the propose decision and order, that party must file a petition for review outlining the bases for disagreement. If the BIIA grants a petition for review, it will issue a further decision and order that becomes the final decision of the BIIA. If a petition for review has been filed, any party disagreeing with the final decision and order of the BIIA may file an appeal to a jurisdictionally appropriate superior court. On appeal in the superior court, the BIIA's decision is presumed correct and the appealing party has the burden of rebutting that presumption by a preponderance of the evidence.
At Foster Law, P.C. we are expert, we are fierce, and we are compassionate. Our team offers decades of experience to helping literally thousands of injured workers obtain the benefits that are so crucial to maintaining their welfare and that of their families. If you have any questions or concerns about appeals to the Board of Industrial Insurance Appeals, we invite you to contact us. Initial consultations are complimentary. Don't leave your workers' compensation claim to chance; consult with experts.