Department Announces 2008

Mileage Reimbursement Rate for Personal Vehicles

The Department of Labor & Industries has announced that the mileage reimbursement rate, effective January 1, 2008, will be $.505 per mile.

Department Announces Certified

Claims Administrator Testing Schedule for 2008

The Department of Labor & Industries has announced the dates for their Certified Claims Administrator testing.  The test dates are March 20, June 19, September 18, and December 18, 2008.  There is an application acceptance period for each exam.  For the March 20 test, your application must be submitted between December 17, 2007 and February 3, 2008.  For the June 19 test, your application must be submitted between March 23 and May 4.  For the September 18 test, your application must be submitted between June 23 and August 3.  And for the December 18 test, your application must be submitted between September 22 and November 2.  You can find the application at the Department's website at http://www.lni.wa.gov/forms/pdf/207177af.pdf.  Also, as you know, WSIA provides a one-day review course the day before each of the Department test dates.  Review courses, offered only to employees of WSIA member organizations, will be held on March 19, June 18, September 17, and December 17 at a location in Olympia.  Watch the WSIA website's Training Programs & Conferences page for more details.

Clarification Regarding Claims Administrator Certification,

Continuing Education Requirements, and Deadlines

There has been a number of questions regarding the Continuing Education option, as an alternative to re-testing, for maintaining the state's Claims Administrator Certification.  Hopefully this will clarify and answer most of those questions.

If your certification expires before October 1, 2008 you MUST take the Certified Claims Administrator test.  There are no exceptions to that.  No grandfathering.  You MUST take the test again.  Once you are certified, you will have five years to either collect a minimum of 75 Continuing Education Credits (20 in claims processing/procedures; 20 in legal issues; 20 in medical issues; 2 in ethics; and 13 in elective topics), or take the test again.

There is a tiered structure for those people whose certification expires between October 1, 2008 and September 30, 2012.

If your certification expires between October 1, 2008 and March 31, 2009, you must earn a minimum of 30 credits (8 in claims processing/procedures; 8 in legal issues; 8 in medical issues; 1 in ethics; and 5 in elective topics).

If your certification expires between April 1, 2009 and September 30, 2009, you must earn a minimum of 35 credits (10 in claims processing/procedures; 10 in legal issues; 10 in medical issues; 1 in ethics; and 4 in elective topics).

If your certification expires between October 1, 2009 and March 31, 2010, you must earn a minimum of 40 credits (11 in claims processing/procedures; 11 in legal issues; 11 in medical issues; 1 in ethics; and 6 in elective topics).

If your certification expires between April 1, 2010 and September 30, 2010, you must earn a minimum of 45 credits (12 in claims processing/procedures; 12 in legal issues; 12 in medical issues; 2 in ethics; and 7 in elective topics).

If your certification expires between October 1, 2010 and March 31, 2011, you must earn a minimum of 50 credits (14 in claims processing/procedures; 14 in legal issues; 13 in medical issues; 2 in ethics; and 7 in elective topics).

If your certification expires between April 1, 2011 and September 30, 2011, you must earn a minimum of 55 credits (15 in claims processing/procedures; 15 in legal issues; 15 in medical issues; 2 in ethics; and 8 in elective topics).

If your certification expires between October 1, 2011 and March 31, 2012, you must earn a minimum of 60 credits (16 in claims processing/procedures; 16 in legal issues; 16 in medical issues; 2 in ethics; and 10 in elective topics).

If your certification expires between April 1, 2012 and September 30, 2012, you must earn a minimum of 65 credits (18 in claims processing/procedures; 18 in legal issues; 18 in medical issues; 2 in ethics; and 9 in elective topics).

The Department will assign credits to courses that are submitted by education providers.  A Committee meets monthly to review the submittals, and then makes recommendations for the number of credits to be awarded.  WSIA has already submitted all of our training programs for review, as well as a number of Region meetings, conferences, and non-WSIA programs.  We have yet to hear anything back on the number of credits to be awarded, but will post those as soon as we receive them.

The Department will maintain a web-based database for for Certified Claims Administrators to track and report their credit hours.

For more information, consult the rule at http://www.lni.wa.gov/rules/AO06/19/0619Adoption.pdf.

Department Announces

Self-Insured Assessment Rates for 2008

The Department has announced the assessment rates for 2008.

The Administrative Asssessment rate for FY 2008 will be $.0472 for the base rate (organizations certified after 7/1/06 to the present), and $.0483 for the adjusted rate (organizations certified prior to 7/1/06).  This is a .2% increase in the base rate, and a 1.8% decrease in the adjusted rate.

The Second Injury Fund rate for FY 2008 will be .1304 for the base rate (organizations certified after 7/1/06 to the present), and .1021 for the adjusted rate (organizations certified prior to 7/1/06).  This is no change in the base rate, and an 11.8% decrease in the adjusted rate.  The largest reason for the adjusted rate decrease is the over-collection of prior year assessments, and slightly lower pension costs due to a delay in posting.  Not all of the assessment is being offset in one year, so it should mitigate the impact of future years.  Additionally, we are only 18 months into the start of the 36 month experience rating period for the new Second Injury Fund assessment methodology that takes effect July 1, 2009.  At that point, half of the Second Injury Fund costs will be experience rated and paid solely by those utilizing it, and half of the costs will continue to be socialized.

The Supplemental Pension Fund and Asbestos Fund Assessments for FY 2008 will be .0782 and .0002 per hour worked, respectively.  The combined rate is .0784, and half of the cost can be shared with the employees (.0392 paid by employer and .0392 paid by employee.)  While the Asbestos Fund Assessment remained flat, the Supplemental Pension Fund Assessment experienced a whopping 17.1% increase. The increase in the Supplemental Pension Fund assessment is the first double digit increase since 2002, and the largest increase in ten years (1998).  The Department originally estimated that the increase in the Statewide Average Wage (the basis for the annual COLA) from 2005 to 2006 would be 2.5%; the actual increase was closer to 5.5%.  Due to the steep curve applied to funds needed, that translated into a 17.1% assessment increase.  WSIA was the only Association that testified with concerns regarding the increase at the Department's public hearing.

The Insolvency Trust Fund assessments are announced after the completion of each quarter; however, with a large number of open claims likely to become pensions, anticipate that those assessments will increase as well.

New Provider Bulletin on

Dental Coverage & Payment Policy

BacThe Department has issued Provider Bulletin 07-10 concerning the coverage and payment for dental services in workers' compensation claims.  You can find the policy at the Department's website at http://www.lni.wa.gov/ClaimsIns/Files/Providers/ProvBulletins/PbFiles/PB0710.pdf.

First a Provider Bulletin, Now Rules

on Linear Analog Hearing Aid Replacement

Back in September the Department issued Provider Bulletin 07-07 concerning the replacement of linear analog hearing aids, and when to do so.  Apparently the Provider Bulletin wasn't enough, so the Department is going to be adopting rules to effectuate this change to "ensure uniform compliance."    The proposed rule language can be found at http://www.lni.wa.gov/rules/AO07/41/0741Proposal.pdf.  The new rule will take effect January 18, 2008.  A linear analog hearing aid issued by the insurer may be replaced with a non-linear digital or analog hearing aid when the worker's linear analog hearing aid is inoperable or the worker is experiencing an inability to hear, and when the insurer has given prior authorization to replace the hearing aid.  PB 07-07, as with all current Provider Bulletins, can be found at http://www.lni.wa.gov/ClaimsIns/Providers/Billing/ProvBulletins/.  According to the Department, older Provider Bulletins have either been incorporated into the WAC's or eliminated entirely.

Updated Self-Insurance Section

Phone Contact Listing ... Including Team Assignments

Need an updated list of Self-Insurance section phone numbers?  Here’s the link to the latest and greatest list, http://www.lni.wa.gov/ClaimsIns/Files/SelfIns/SelfInsPhoneList.pdf, updated September 4, 2007.  Note that the list now includes which adjudicator and which consultant work on which claims Team.  Check back at this link periodically for updated information.

Requesting Self-Insured and

Requesting State Fund Claims Files

In response to changes in public disclosure law, the Department of Labor & Industries has changed the way they process and respond to requests for prior industrial insurance claims files.  You will need to submit TWO requests: one to Norm Voiles for information on self insured claims (faxed to 360-902-6900), and then requests for State Fund claims histories to Paula Clayton (faxed to 360-902-6970.)  If you have questions on the status of State Fund claims information requests, you can call 360-902-5656.  Most State Fund requests will be handled within 10 business days.

You Pay for It, Use It!

DOSH Safety Materials Available for Your Use

The Department of Labor & Industries’ Division of Occupational Safety & Health has at least 27 downloadable safety videos, 75 industry fact sheets, 18 employee safety rule training kits, 85 online safety presentations, 52 construction industry toolbox talks, and over 2000 different safety, health, and risk management video titles for checkout in their safety library.  YOU pay for these services, so please take advantage of them.  You can find these materials at the DOSH webpage at the Department’s website at http://www.lni.wa.gov/safety/.

Electronic Filing of Claims Appeals

At the Board of Industrial Insurance Appeals

Did you know you can file your claims appeals electronically, online?  You can!  Go to the Board of Industrial Insurance Appeals website at www.biia.wa.gov and click on the E-filing logo.  Your appeal is submitted instantly, saving time and postage.  You are able to print a copy for your records, and a receipt showing that your submittal was received.  Give it a try!

as of 12/20/2007