Pursuant to RCW 34.05.630(3), the department of labor and industries (L&I) will hold a hearing to take comments on the joint administrative rules review committee (JARRC) findings regarding L&I's use of a policy in lieu of a rule for administering RCW 51.32.090(3). JARRC found that by requiring an injured worker to be working in order to receive loss of earning power benefits, L&I is using the equivalent of a policy in place of a rule. L&I will take comments, oral and written, and report back to JARRC if L&I agrees.

The hearing will be on September 19, 2023, at 2 p.m., at L&I Auditorium, 7273 Linderson Way S.W., Tumwater, WA 98501-5414.

Submit written comments by 5 p.m. on September 19, 2023, to L&I, Insurance Services, Legal Services, P.O. Box 44270, Olympia, WA 98504-4270, email ClaimsRulesPolicy@Lni.wa.gov.