By Shawna Fruin, Attorney at Law
Effective January 1, 2026, Senate Bill 5463 will significantly broaden the duty of good faith and fair dealing within the Washington workers’ compensation system. This legislation extends the good faith and fair dealing obligations (and extraordinary penalties) to all self-insured employers and their third-party administrators. But, the expansion comes
Reinisch Wilson Weier PC Blogs
Latest from Reinisch Wilson Weier PC
De Facto Denial under Nava v. SAIF
By Vincci W. Lam, Attorney at Law
Are you scratching your head after receiving a Request for Hearing alleging a “de facto denial,” but a careful review of the medical record reveals no new/omitted condition request? You may be encountering Nava v. SAIF—the next chapter!
The Court of Appeals issued novel case law in Nava v. SAIF, finding that…
Court of Appeals Clarifies When a Pre-Existing Condition is Compensably Exacerbated
By Monica A. Nassar, Attorney at Law
The Oregon Court of Appeals recently clarified what standard applies to claims involving a pre-existing condition that was exacerbated or rendered symptomatic by a work injury. In Barnes v. Cache Valley Electric, 339 Or App 371 (2025), the court held that a preexisting condition exacerbated by a…
The Impact of Brownlee: Proceed with Caution When Authorizing Treatment
By Mary F. Hannon, Attorney at Law
The Board of Industrial Insurance Appeals recently issued a decision providing further clarity in terms of how Maphet applies in situations where an employer authorizes treatment that the worker never pursues.
On December 30, 2024, the Board issued a Decision and Order affirming a Department reopening order. The…
What’s going on with LNI’s proposed policy updates regarding LEP?
By Shawna G. Fruin, Attorney at Law
In March 2025, the Department of Labor and Industries (LNI) asked for community comment on proposed updates to its loss of earning power (LEP) policy,[1] prompting many in the self-insured community to wonder why the changes are coming now, and what the changes mean for them.
For…
CRACKDOWN ON IME NOTICE LANGUAGE THAT IS “NONSPECIFIC”
By Isaac S. Conzatti, Attorney at Law
Ordering an IME is one of the most common and important steps to investigating and further processing a claim. This is why it can be extremely frustrating when a suitable IME slot is identified, the notice is sent out timely, and then the claimant does not show up.…
The State of IME Recording in Washington
By Chris E. Fender, Attorney at Law
Recently, the Washington Department of Labor and Industries introduced a six-month-long third-party recording pilot program for independent medical examinations. Why introduce this pilot program, you ask? To answer that question, let’s start with a quick look at the past two years of independent medical examination legislation and rulemaking…
Forwarding Prior Medical Records and IME Reports to Attending Physicians/Authorized Nurse Practitioners
By Blake J. Howell, Attorney at Law
Our goal at Reinisch Wilson is to avoid costly and burdensome litigation whenever possible. One area of increasing frequency relates to attending providers filing medical disputes for Department penalties alleging a failure to timely receive a medical file after requesting the records or an IME report by the…
Legal Requirements for a Light Duty Job Offer
By Vincci W. Lam, Attorney at Law
No one wants a work injury to occur, but when it happens, the goal of the workers’ compensation system is to facilitate appropriate treatment and then bring workers back to suitable and gainful employment as efficiently as possible. Oftentimes, an employer can facilitate alternative/light duty work as a…
Alternative Dispute Resolution in Oregon
By Brian M. Solodky, Attorney at Law
Reinisch Wilson P.C. is focused on solving problems for their clients. Adjudication of disputes via trial and appeals is one method of resolving a claim. It goes without saying that the outcome of litigation in any forum can be unpredictable and always comes with some degree of risk.…