LABOR AND INDUSTRIES

[Filed March 17, 2026, 8:34 a.m.]

Preproposal statement of inquiry was filed as WSR 26-03-081.

Title of Rule and Other Identifying Information: Stay-at-work online application; chapter 296-16A WAC, Stay-at-work program.

Hearing Location(s): On April 21, 2026, at 10:00 a.m., via Zoom meeting at https://lni-wa-gov.zoom.us/j/4283482697?omn=86221359851, Meeting ID 428 348 2697; or join by phone (audio only) 253-215-8782 US (Tacoma), Meeting ID 428 348 2697. Find your local number at https://lni-wa-gov.zoom.us/u/kdOkNlaejZ. The virtual and telephonic hearing will begin at 10:00 a.m. and will continue until all oral comments are received.

Date of Intended Adoption: May 19, 2026.

Submit Written Comments to: Annie Peeples, Department of Labor and Industries (L&I), Insurance Services, Employer Services, P.O. Box 44148, Olympia, WA 98504-4148, email Annie.Peeples@Lni.wa.gov, fax 360-902-4988, beginning March 18, 2026, at 8:00 a.m., by April 21, 2026, at 5:00 p.m.

Assistance for Persons with Disabilities: Contact Annie Peeples, phone 360-902-4723, fax 360-902-4998, TTY 360-902-5797, email Annie.Peeples@Lni.wa.gov, by April 21, 2026.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: L&I proposes amending WAC 296-16A-050 How do I apply for reimbursements? to require submitting Washington stay-at-work (WSAW) and preferred worker applications for reimbursements online. If there is a need to mail or fax an application, the proposal creates the option to opt out of submitting online by contacting the WSAW supervisor.

Reasons Supporting Proposal: When we receive mailed or faxed applications, there have been missing and illegible documents, which leads to longer processing times and missed communications between applicants and L&I.

The online application system offers several benefits, including:


•	Faster acknowledgment of applications by L&I.
•	Improved documentation.
•	Increased accessibility for applicants.
•	Enhanced communication tools between employers and agency staff.

Statutory Authority for Adoption: RCW 51.04.020(1) and 51.32.090.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: L&I, governmental.

Name of Agency Personnel Responsible for Drafting: Annie Peeples, Tumwater, Washington, 360-902-4723; Implementation: Michelle O'Brien, Tumwater, Washington, 360-902-4826; and Enforcement: Kirsta Glenn, Tumwater, Washington, 360-701-2114.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. This proposal is for a procedural rule relating to internal operations of an agency as described in RCW 34.05.328 (5)(c)(i).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

Explanation of exemptions: This proposal doesn't require a small business economic impact statement per chapter 19.85 RCW via RCW 34.05.310 (4)(b), because the rule relates only to internal governmental operations.

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 12-09-056, filed 4/17/12, effective 5/21/12)

WAC 296-16A-050How do I apply for reimbursements?

(1) To request reimbursements, fill out the appropriate stay-at-work reimbursement form ((we will supply you that is available on our website. One form is for wage reimbursement and there is a separate form for all other reimbursements. Once you have completed the form or forms, mail or fax them to us at the address or fax number provided on the form))through My L&I. One form is for wage reimbursement and there is a separate form for all other reimbursements. If you are unable to complete these forms online, please reach out to the stay-at-work unit supervisor for opt out instructions.

(2) For all stay-at-work reimbursements, in addition to the completed forms, we also need:

(a) Documentation from the attending provider restricting your worker from his or her usual work for the dates you are requesting reimbursement;

(b) A written description of the light duty or transitional work that enables the attending provider to relate the physical activities of the work to your worker's restrictions;

(3) For wage reimbursement, we need documentation such as payroll records and time cards that verify the dates worked and basic gross wages paid.

(4) For tools and equipment, clothing, and training, we need itemized receipts showing your expenses.