WSR 15-16-095
INTERPRETIVE AND POLICY STATEMENT
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed August 4, 2015, 7:58 a.m.]
Under RCW 34.05.230, enclosed are four policy and interpretive statements issued by the department of labor and industries regarding the insurance services division.
If you have any questions or need additional information, please call Maggie Leland at (360) 902-4504.
Title: Policy 40.04, Authorizing Neuromuscular Electrical Stimulation Devices.
Date Repealed: June 1, 2015.
Description: This policy applied to all claims in which a request was made for the use of a neuromuscular electrical stimulation device. Current information can be found in the department's Condition and Treatment Index under Neuromuscular Electrical Stimulators (NMES).
Contact: Suzy Campbell, 7273 Linderson Way, Tumwater, WA 98501, Mailstop 4208, (360) 902-5003, Suzanne.campbell@lni.wa.gov.
Title: Policy 4.42, Documenting Wages and Employment Patterns for Sole Proprietors, Partners, Corporate Officers, and Other Corporate Entities.
Date Issued: August 1, 2015.
Description: This policy applies when an adjudicator documents monthly wages for a sole proprietor, partner, corporate officer, or other corporate entity. The updated policy provides clarity and reflects current practice in calculating wages for these entities under RCW 51.08.178.
What changed?
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The title changed from Establishing Wages for Sole Proprietors, Corporate Officers and Partners to Documenting Wages and Employment Patterns for Sole Proprietors, Partners, Corporate Officers, and Other Corporate Entities.
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Updated the list of documents the adjudicator can use in combination to determine employment pattern.
Contact: Suzy Campbell, 7273 Linderson Way, Tumwater, WA 98501, Mailstop 4208, (360) 902-5003, Suzanne.campbell@lni.wa.gov.
Title: Policy 6.11, Marketing by Vocational Rehabilitation Providers.
Date Issued: August 1, 2015.
Description: This policy applies when department employees receive marketing inquiries intended to obtain or increase vocational referrals. The amended policy provides clarity for staff. The updated policy format includes new examples of marketing and a limitation placed on vocational providers' access to secure areas in the department.
Contact: Suzy Campbell, 7273 Linderson Way, Tumwater, WA 98501, Mailstop 4208, (360) 902-5003, Suzanne.campbell@lni.wa.gov.
Title: Policy 61.03, Coverage for Domestic Servants.
Date Issued: August 1, 2015.
Description: This policy provides guidelines for determining when domestic servants employed in or about private homes (private home is defined as a place of residence) may be excluded from mandatory industrial insurance coverage. This policy is updated for clarity and to reflect current practice. WAC 296-17A-6510 Classification 6510, Domestic servants/home care assistants employed in or about the private residence of a home owner, was amended in 2007 to include gardening and caretaker in that class. The policy is amended to reflect that these activities are included in Classification 6510.
In addition, the following clarifying statements are added to the policy:
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All hours for domestic servants during the day or overnight are to be included in the calculation determining if coverage is mandatory.
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The average hourly wage computation may also be applied to determine reportable hours for the domestic servant risk classification.
Contact: Suzy Campbell, 7273 Linderson Way, Tumwater, WA 98501, Mailstop 4208, (360) 902-5003, Suzanne.campbell@lni.wa.gov.
Maggie A. Leland
Rules Coordinator
Senior Policy Advisor