WSR 09-01-105

INTERPRETIVE AND POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed December 17, 2008, 2:20 p.m. ]

In accordance with RCW 34.05.230(12), following are the policy and interpretive statements issued by the department.

If you have any questions or need additional information, please call Josh Swanson at (360) 902-6805.

Specialty Compliance Services: Elevator Education Credits.

Amended Policy WAC 296-96-00906 and 296-96-00910.

The purpose of this policy is to provide guidance to elevator mechanic applicants on the work experience and training needed in order to take the written examination and it will become effective January 6, 2009.

The policy outlines the number of hours an elevator mechanic applicant needs to work and the training that is needed before taking the written examination. The policy will be used by the chief elevator inspector when reviewing applications from elevator mechanics to take the written elevator examination. The policy expands on the requirements in WAC 296-96-00906 and 296-96-00910. It has been approved by the elevator advisory committee.

Contact Jack Day, Chief Elevator Inspector, P.O. Box 44450, Olympia, WA 98504-4450, phone (360) 902-6128, e-mail dayl235@lni.wa.gov.

Insurance Services: Claims Administration, Self-Insurance, and Crime Victims.

Repeal Policy 17.11 Paying Time-loss Benefits When Employer Appeals to BIIA.

Policy 17.11, dated December 18, 1992 has been deleted. The information in this policy is obsolete as a result of ESSHB [E2SHB] 3139, chapter 280, Laws of 2008 (RCW 51.52.050).

Contact Brenda Heilman, P.O. Box 44310, Olympia, WA 98504-4310, phone (360) 902-6518, e-mail chab235@lni.wa.gov.

Insurance Services: Claims Administration, Self-Insurance, and Crime Victims.

Amended Interim Policy 16.40 Reopening and Processing Requests for Disability Benefits on Claims Closed Over Seven (Ten) Year.

This policy was updated for clarity and assists department staff in determining if a request for claim reopening was received more than seven years (ten years for a loss of vision or function of the eyes claim) after the first medically documented closure or reopening denial became final.

Only the director can grant or deny disability benefits on reopened "over-seven" (ten) claims. This policy assists department staff in processing a request for the director's consideration when disability benefits are contended.

Contact Brenda Heilman, P.O. Box 44310, Olympia, WA 98504-4310, phone (360) 902-6518, e-mail chab235@lni.wa.gov.

Insurance Services: Claims Administration, Self-Insurance, and Crime Victims.

New Interim Policy 17.10 Paying Time-Loss (TL) or Loss of Earning Power (LEP) Benefits when Employer Protests.

This new policy provides guidelines to department staff for processing worker's requests for time-loss or loss or [of] earning power benefits while an employer's protest is pending on state fund claims.

Contact Brenda Heilman, P.O. Box 44310, Olympia, WA 98504-4310, phone (360) 902-6518, e-mail chab235@lni.wa.gov.

Insurance Services: Claims Administration, Self-Insurance, and Crime Victims.

Amended Policy 16.20 Repealed Policy S16.20 Criteria for Reopening Claims.

Policy 16.20 was updated for clarity and Self-Insurance Policy S16.20 dated January 5, 1995 is deleted.

This policy applies when the department receives an application to reopen a claim. The policy provides department adjudicators with guidance when determining whether a claim can be reopened.

Contact Brenda Heilman, P.O. Box 44310, Olympia, WA 98504-4310, phone (360) 902-6518, e-mail chab235@lni.wa.gov.

Insurance Services: Claims Administration, Self-Insurance, and Crime Victims.

Amended Policy 16.31 The 90-Day Time Limit to Act on Reopening Applications.

This policy was updated for clarity and provides guidance to department staff when determining the time limit to act on reopening applications.

Contact Brenda Heilman, P.O. Box 44310, Olympia, WA 98504-4310, phone (360) 902-6518, e-mail chab235@lni.wa.gov.

Insurance Services: Claims Administration, Self-Insurance, and Crime Victims.

Amended Policy 16.35 Paying Provisional Time-Loss (TL) or Loss of Earning Power (LEP) Benefits on Pending Reopening Requests.

This policy was updated for clarity. This policy provides guidelines to assist department staff in determining if provisional time-loss or loss of earning power benefits must be paid while a reopening application is pending.

Contact Brenda Heilman, P.O. Box 44310, Olympia, WA 98504-4310, phone (360) 902-6518, e-mail chab235@lni.wa.gov.

Josh Swanson

Washington State Code Reviser's Office