WSR 25-16-035

POLICY STATEMENT

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed July 29, 2025, 9:19 a.m.]

Policy Statement

Pursuant to RCW 34.05.230, the department of labor and industries' (L&I) insurance services division issued the following policy statement.

If you have any questions or need additional information, contact Suzy Campbell at Suzanne.Campbell@Lni.wa.gov or 360-902-5003.

Policy: Insurance Services Policy 5.81.

Title: Paying Loss of Earning Power Compensation.

Effective: July 1, 2025.

Description: This amended policy includes the following:


•	The worker must be able to return to work or be working to be entitled to loss of earning power.
•	When a worker chooses not to accept approved light duty/modified job, loss of earning power benefits may be payable.
•	L&I will pay loss of earning power through legal fixity, if eligible.
•	Additional policy points as to when a worker is or is not entitled to loss of earning power.
•	On reopened claims, closed with a permanent disability award, loss of earning power benefits are paid based on a comparison of current or available earnings to the job of injury wages at the time of injury.

Contact: Suzy Campbell, 7273 Linderson Way, Tumwater, WA 98501, Mailstop 44270, 360-902-5003, Suzanne.Campbell@Lni.wa.gov.