Public Hearing - Labor & Industries administration of loss of earning power compensation

washington state department of labor and industries - claims and insurance

Insurance Services Policies

Public Hearing - Loss of earning power compensation


According to RCW 34.05.630(3), the Department of Labor & Industries (L&I) will hold a hearing on September 19, 2023 at 2pm (virtual and in person at the Tumwater headquarters) to take comments on a recent Joint Administrative Rules Review Committee (JARRC) finding that L&I is using Policy 5.81 in lieu of a rule to administer RCW 51.32.090(3). Notice of the hearing is also published in the Washington State Register. The JARRC found that by requiring an injured worker to be working in order to receive loss of earning power benefits, L&I is using the equivalent of a policy in place of a rule. L&I will take comments, oral and written, up to that date and report back to the JARRC after the hearing. 

Submit written comments by 5:00 p.m. on September 19, 2023 to:

Department of Labor & Industries

Insurance Services / Legal Services

PO Box 44270

Olympia WA 98504-4270

Email: ClaimsRulesPolicy@LNI.WA.GOV 



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