Workers' Compensation.
Workers who are injured in the course of employment or who are affected by an occupational disease are entitled to workers' compensation benefits, which may include medical, temporary time-loss, vocational rehabilitation benefits, and permanent disabilities benefits. The Department of Labor and Industries (Department) administers the state's workers' compensation system.
Structured settlement agreements.
An injured worker who is at least 50 years old may choose to resolve their claim under the claim resolution structured settlement agreement process, which allows a structured settlement for all benefits, other than medical benefits. The parties may only initiate a structured settlement if at least 180 days have passed since the claim was received by the Department or the self-insurer and the order allowing the claim is final and binding.
A structured settlement agreement must be in writing and:
For state fund claims, the Department negotiates the agreement with the worker or their representative and with the employer. For self-insured claims, the self-insured employer negotiates the agreement with the worker or their representative.
An unrepresented worker seeking to settle a claim must submit the agreement to an industrial appeals judge (IAJ) for approval. The IAJ can approve the settlement only if it is in the best interest of the worker. If the IAJ approves the agreement, the agreement is forwarded to the Board of Industrial Insurance Appeals (Board) for approval. A worker who is represented by an attorney can submit the settlement agreement directly to the Board for approval.
The Board must approve the agreement unless it finds:
A party has 30 days from the Board's approval to revoke the agreement, after which the agreement is binding on the parties.
Offsets.
Federal and state laws address the coordination of Social Security disability benefits and workers' compensation. In some circumstances, a worker's social security retirement benefits may be offset by the federal government if the worker is also receiving certain workers' compensation benefits.
Public disclosure of structured settlement agreements.
Information related to individual structured settlement agreements submitted to the Board are exempt from public disclosure under the Public Records Act. Final orders from the Board are not exempt.
The term "structured settlement agreements" is changed to "claim resolution settlement agreements."
At the option of the parties, a claim resolution settlement agreement may be paid out in a single lump sum or be paid on a structured basis.
The Board of Industrial Insurance Appeals must provide the Department with copies of all final claim resolution settlement agreements.