WSIA's 2008 Annual  Conference

to be Held in the Tri-Cities for the First Time!

Due to some scheduling conflicts, the Washington Self-Insurers Association's 37th Annual Conference will be held back in Eastern Washington, at the Three Rivers Convention Center in Kennewick.  This will be the first time WSIA will have held the Annual Conference in the Tri-Cities.  The dates of the conference will be a bit earlier this next year - April 30th thru May 2nd, 2008.  The Convention Center is very nice and welcoming, the hotels relatively close by walking or shuttle, and some fun events will be planned as part of the festivities.  You won't want to miss next year's Conference in the heart of Washington's wine country, so mark your calendars TODAY!

Application Deadline for

Claims Adjudicator Certification Testing - September 20, 2007

If you are considering taking the Claims Adjudicator Certification test in September 2007, the deadline for submitting your application for review to be eligible to take the test is due to the Department by Monday, August 6th, 2007  WSIA will hold a MEMBERS ONLY study session on Wednesday, September 19th. There WILL be a charge for the study session.  For an application to apply for certification testing, go to http://www.lni.wa.gov/forms/pdf/207177af.pdf.  Check the Training Programs & Conferences page for Study Session registration information as it become available.

State Fund Rate Holiday Takes Effect July 1st,

Self-Insurers' Premiums Based on Reality and Actual Costs

The Department of Labor and Industries has been bragging about their Medical Aid Fund rate holiday for State Fund employers and employees that takes effect July 1, 2007 thru December 31, 2007.  The rate holiday is possible because the State Fund has overcharged premiums for a number of years, has managed to keep medical costs in line through the Medical Aid Fee Schedule, and has received outstanding rates of returns on their investments.  Prior to the rate holiday, the State Fund had nearly $1 billion in extra funds held in reserve in the Medical Aid Fund.  This is in addition to the nearly $600 million in extra funds held in reserve in the Accident Fund.  The Department is fond of claiming they have some of the lowest rates in the country, and yet some of the highest benefits.  The reality is that you can't have high benefits without paying for them.  Having large reserves, on which substantial rates of return are earned, artificially maintains lower premium rates.  Self-insured employers understand this because they pay the actual cost of the claims, and they continue to increase here in Washington, while they decrease in the other states in which these same self-insured employers operate.  While today they brag about their rate holiday, at some point in the future the State Fund (and State Fund employers) will feel the impact of the high benefits they continue to pay out.

Department's Self-Insurance Section

Has Moved to Tumwater; Open House June 26th!

The Department of Labor and Industries' Self-Insurance Section has moved from Olympia to a new building in Tumwater.  They will be holding an open house on Tuesday, June 26th from 1:30pm to 4:00pm.  Everyone is welcome!  Please contact the Department for parking passes and directions at 360-902-6906.  Their new street address is 243 Israel Road SE, Tumwater, WA  98501.  What will change?  Their phone numbers and P.O. Boxes will remain the same.  The Department will NOT be able to receive FedEx and other overnight deliveries at the new building!  All overnight deliveries will have to be sent to the Department’s headquarters, Attn: Self-Insurance, MS [P.O. Box number], 7273 Linderson Way SW, Tumwater, WA  98501-5414.  The Self-Insurance Section assures us that over nighting your information to that street address WILL be forwarded to the Self-Insurance Section.  For regular mail, send mail to the following P.O. Boxes: P.O. Box 44890 (Administration and Training); P.O. Box 44891 (Certification Services); P.O. Box 44892 (All claims mail NOT related to an audit response); and P.O. Box 44893 (Program Compliance/Audit).  For all of these P.O. Boxes the zip code is 98504.  Fax numbers: 360-902-6650 (Certification Services); 360-902-6677 (Administration and Training); and 360-902-6900 (All claims information).  In mid-May, this last fax number will begin scanning all documents directly in the ORCA document system.  This should help alleviate the burden of having to mail significant numbers of documents to the Department.

Department Institutes New Emergency

Heat Stress Rule in Combination with WRD

The Department of Labor and Industries has passed an emergency heat stress rule, that takes effect today, Monday, June 18, 2007.  Please review the rule to see what impacts it will have on your business.  http://www.lni.wa.gov/rules/AO07/20/0720Adoption.pdf.  Some business associations are recommending not allowing DOSH inspectors to enter a job site without first requiring them to obtain a search warrant.  The concern is that the rule is ambiguous and will put the employer in a "catch-22" situation, exposing companies to citations and fines.  WSIA's direct read of the rule did not appear to be so burdensome; however, taken in conjunction with a WISHA Regional Directive on the same subject, it is not clear the extent of how DOSH will expect employers to comply with the rule.  The WRD can be read at http://www.lni.wa.gov/Safety/Rules/Policies/PDFs/WRD1850.pdf.  Additional information on heat stress can be found at http://www.lni.wa.gov/safety/topics/atoz/heatstress/default.asp.

Department Begins Rule Making Process on

Vocational Rehabilitation, Claims Suppression and Other Issues

On the heels of the 2007 Legislative Session, the Department has begun the rules development process for issues that passed this past session.  Most notable are rules governing the new Vocational Rehabilitation pilot project, the "claims suppression" bill, and the self-insured ombudsman program.  The vocational rehabilitation rules draft will likely be reviewed by the Voc Rehab Subcommittee that negotiated the bill during the legislative session, before being sent out for outside comment.  WSIA will establish a voc rehab committee to review the draft rules and provide the Department with our input.  A stakeholdering committee will be used to help develop the "claims suppression" rules, as those rules will: define "bona fide workplace safety and accident prevention program" and "first aid", and will establish the penalty structure for employers when there is a finding of "claim suppression". Consideration will be given to when and how employers may be required to notify workers of a finding of claim suppression.  The establishment of a self-insured ombudsman program will require rules for implementation.  In addition, additional rule are already being developed concerning: self-insurer continuing education to maintain adjudicator certification (the hearing was held June 13th); hearing loss prevention; the SIEDRS data collection project; and the experience rating portion of the Second Injury Fund.  Rules concerning the last two issues will be developed in 2008 and 2009, respectively.  Announcements for rules, hearings on rules, and the schedule of potential rule changes can be found at http://www.lni.wa.gov/LawRule/ at the bottom of the page.

Department Clarifies Interpretation

of WAC 296-15-430 Regarding Vocational Rehabilitation

The Department recently sent out a memo clarifying the intent of WAC 296-15-430 regarding the use of vocational services.  While there are no statutory grounds for the restrictive nature of the WAC, employers are not allowed to compel injured workers to participate in any kind of vocational training without their un-coerced consent.  The concern expressed is that the employer would train the injured worker, find them employable, and then fire them.  This applies to training where the worker must be sent out, or where the trainer is brought in from outside the company.  The Department believes that a formal request for a plan MUST be submitted, even if it is a “mini-plan.”  So, please file a plan no matter how short or specific the training.  Here's the Department's memo DLI-ClarificationReWAC296-15-430VocUpdate.pdf

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.

Updated Self-Insurance Section

Phone Contact Listing

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 January 3, 2007.  Check back at the link periodically for updated information.

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!