The Washington State legislature is back in session! Here is an update of some of the bills that have been introduced for this session that could affect our clients: Good faith/fair dealing in self-insured worker’s compensation claims IME recording in worker’s compensation claims Return to work/expansion of light duty in worker’s compensation claims SB 5524 concerns the duties of self-insured employers and their third-party administrators by imposing a duty of good faith and fair dealing. During the 2022-23 session, a similar law was passed that created a duty of good faith and fair dealing ..read more

In recent years there have been major changes to the laws governing when the Department of Labor and Industries and self-insured employers can force an injured worker to attend a medical or psychiatric examination and what rights the worker has at such an examination (examinations that the Department calls Independent Medical Examinations or IMEs). Restrictions on Scheduling Exams The first change occurred in 2020 when ESSB 6640 was passed by the legislature and signed into law by the governor.  The most important change made by this bill was that it set limitations on when a worker can b ..read more

After 30 successful years practicing law here at Small, Snell, Weiss & Comfort, Mr. Small has chosen to retire as of September 30, 2023. Mr. Small is grateful for the trust placed in him by his firm and his clients, and for the privilege of serving so many clients over a satisfying career. Mr. Small’s lawyer job was preceded by a 15-year career in public education. Mr. Small retires with the assurance that his clients’ cases will continue to be handled by the experienced team of attorneys with whom he practiced for many years. SSWC will continue to provide the same high-quality legal serv ..read more

Our firm focuses on Worker’s Compensation, Personal Injury, and Social Security Disability cases.  You or a friend may have been rear-ended, bit by a dog, or slipped on a grocery store floor, and wondered if you had a valid “personal injury” claim.  As with most things legal, the safest answer is “it depends.” Time Constraints  Washington law imposes a 3-year statute of limitations on most negligence claims.  This means that most claim must be brought and settled, or filed in court, within 3 years of the defendant’s negligent act.  After 3 years, any un-filed potential ..read more

Effective July 1, 2023, injured workers will see a 2.01% cost of living adjustment (COLA) to their time loss compensation and pension benefits under their workers’ compensation claims. This increase applies only to workers whose claims are more than one year old. This also may not apply to some who have a Social Security offset. This applies to injured workers with industrial injury and occupational disease claims ..read more

Recording of Compelled Medical Exams (or IMEs) was the big news for injured workers this legislative session (see our prior blog post), but the Legislature passed a couple of additional bills as well which affect L & I claims and consumers. You might have heard about the “good faith” bill (HB 1521) that passed regarding self-insurers and TPAs, or third-party administrators. TPAs are entities like Sedgwick, Eberle Vivian and the like. Unfortunately, this bill only applies to public employees. That’s good news if you work for a public entity, bad news if you don’t. The “good faith” bill requ ..read more

Please join us in welcoming our newest associate attorney, Payton B. Focht. Payton started in April 2023. She is currently attending the University of Washington School of Law and will receive her LLM in Global Business Law in June. Payton received her J.D. from Gonzaga University School of Law. She will be practicing in the area of workers’ compensation. She is a welcome addition to our firm ..read more

GETTING STARTED So, you’ve recently had some kind of accident or injury, you’ve come down with a serious illness, or you’re suffering from a debilitating physical or mental condition that is interfering with your ability to work. You may have heard that there is a possibility of obtaining some kind of financial support through a claim for Social Security Disability.  But what IS Social Security Disability, who qualifies for it, and how does one go about getting it? This article is not intended to be a comprehensive academic treatise on the Social Security Disability system, its history, i ..read more

Did you know that you may be entitled to wage loss benefits even if you are able to work or have returned to work?  These benefits, called loss of earning power (LEP) benefits, are available to individuals who have open claims and, due to their injury, have lost earning power.  In this blog, I will lay out the details of what is required to be entitled to these benefits. WHAT IT MEANS TO HAVE LOST EARNING POWER There are two situations in which a worker may have lost earning power.  The first is where they are able to work, but only at a job that pays less than their job of inju ..read more

Please join us in welcoming our newest legal assistant, Samantha Vitatoe. Sam is David Lauman’s worker’s compensation legal assistant and the firm’s scheduler. She started in January 2023. She hails from Colorado and moved to the Seattle area in 2021. She is a welcome addition to our firm ..read more