Tara Reck, Managing L&I Attorney at Reck Law PLLC - Workers' Compensation Attorneys

Category: LNI Benefits (Page 10 of 21)

Vocational Retraining in L&I Claim: The Difference Between Option 1 & Option 2

People with work injury in Washington State may be eligible for retraining under their L&I claim or workers’ compensation claim. The Department of Labor and Industries (L&I) provides more benefits than just medical coverage. In fact, the Industrial Insurance Act lists a variety of benefits including medical, wage replacement, vocational services, retraining, disability awards, and even disability pensions. At some point in the claim, you might have to choose L&I claim option 2 vs option 1. The purpose of this article is to explain your options and what they mean.

 

Vocation retraining eligibility under L&I claim

Not all work injury claimants are eligible to receive all the benefits under the Industrial Insurance Act. Realistically, benefit entitlement depends on the specific facts. They also depend on the circumstances of each L&I claim. Vocational retraining is possible when a person can never go back to work at their job of injury, or any other job for which they have relevant skills. Usually, deciding whether a person can work is based on objective medical evidence. Generally, the medical evidence includes things that medical providers can see, feel, or measure. However, in cases involving non-objective medical conditions such as mental health, those cases don’t require objective evidence.

 

Vocational retraining plan in L&I claims

When a person cannot return to their job, or doesn’t have the skill to perform other work, they may be eligible for vocational retraining. L&I assigns vocational counselors to determine if retraining is appropriate. If it is, the vocational counselor prepares and submits a retraining plan for approval. There must be a concrete job goal for the plan. Moreover, the job must be available in the work injury claimant’s labor market. Finally, the retraining can take as long as two years. As of July 1, 2021, the maximum allowed cost for retraining under a workers’ compensation claim increased to $19,414.34.

 

Option 1 vs option 2 in vocational retraining

Once L&I approves your retraining, you can choose between Option 1 and Option 2. Choosing an option is a very serious decision. With Option 1, it means you agree to fully participate in the retraining that L&I approved. This includes registering for and attending classes as well as maintaining satisfactory grades. Here, you will have to complete all class requirements and maintain contact with the vocational counselor.

 

In contrast, Option 2 is essentially opting out of retraining. When you choose option 2 you get a “vocational award” equivalent to 9 months of time loss compensation. After that, L&I pays the benefit payments in installments, the claim is closed, and you receive permanent partial disability (PPD) award as appropriate. You may also access retraining funds to use at any accredited facility you choose.  However, you can only use the money for classes, education, or retraining.

 

L&I claim option 2: Conclusion and final notes

The decision to go with Option 2 and opt out of retraining has serious implications. In my opinion, people with a workers’ compensation claim should not select Option 2 after a work injury because they feel they have no choices. There’s always some other choice. If you feel that Option 2 is your only choice, then you should consult with a workers’ compensation attorney before you make a decision.

Acronyms and Terms in Your L&I Claim or Workers’ Compensation Claim in Washington State

People that work on your workers’ compensation claim tend to use many acronyms. In practice, abbreviations and acronyms help stakeholders convey terms and concepts efficiently. However, most work injury claimants have enough trouble understanding the L&I claim process without throwing acronyms into the mix.

 

Understanding acronyms in your workers’ compensation claim

Over time, I developed a list of acronyms that we use in L&I and workers’ compensation claims. Interestingly, I’m not alone. The Board of Industrial Insurance Appeals (BIIA) also maintains a list of useful acronyms. In fact, they distribute the list alongside a document that they call Jurisdictional History (JH).

 

L&I claim abbreviations and acronyms (A-D)

The list of L&I claim acronyms is long. For reference, below is the list of terms that I find most useful for work injury claimants.

  • APAttending Physician or Provider. Every claim has an AP, but only one provider can be the designated AP on a workers’ compensation claim. The AP is generally in charge of certifying benefits. They are also responsible for treatment recommendations, making referrals, and managing medication. In many L&I claims, one of the biggest challenges is finding a good attending provider.
  • APFActivity Prescription Form. The AP should complete the APF every 30 days to certify a work injury claimant’s entitlement to time-loss compensation benefits.
  • AWA Ability to Work Assessment. This is part of the vocational process.
  • BIIA or Board – The Board of Industrial Insurance Appeals. The BIIA is a separate state agency from the Department of Labor and Industries (L&I). The BIIA hears disputes in workers’ compensation claims.
  • BTL Back Time-Loss Compensation Benefits. The BTL refers to a type of wage replacement benefit that L&I pays retroactively.
  • CAC Claims and Account Center. The CAC is the online system to review and monitor L&I claims. You can only use it for a workers’ compensation claim that L&I administers. People with a work injury claim can create a login so they may access CAC to monitor their L&I claim. Moreover, the website contains lots of useful information. For example, you can find medical records, APFs and claim correspondence. Furthermore, it holds file notes, addresses, contacts, wage rate calculations and payment ledgers. Finally, you can use it to communicate with the Department of Labor and Industries.
  • DLI, LNI, or L&I – These are different acronyms for the Department of Labor & Industries.
  • DOM – Date of Manifestation. The DOM is the onset date for an occupational disease or industrial disease workers’ compensation claim.
  • DOI – Date of Injury. The term DOI holds the date of the sudden and tangible industrial injury.

 

More terms and acronyms in workman’s comp claims (E-L)

To continue the discussion, workers’ compensation professionals also use the following terms frequently:

  • EOI – Employer of Injury.
  • ESDEmployment Security Department.
  • HCB – Health Care Benefits.
  • HEP – History Examination Plan. This term comes up often when talking about medical records. L&I personnel like to see the HEP as part of the medical records and chart notes.
  • HPI – History of Present Illness (or Injury). The HPI describes the work injury. Sometimes, it describes the mechanism of the work injury. It can also explain the development of an occupational disease over time.
  • II – Industrial Injury. A sudden and tangible injurious event during a person’s employment.
  • IME Independent Medical Examination. An IME is a one-time medical examination. Generally, the claim administrator (i.e., L&I or a third party claim administrator in the case of self-insured employer) is responsible to scheduling the exam.
  • IW – Injured Worker.
  • JA Job Analysis.
  • JH – Jurisdictional History. The BIIA prepares and sends a jurisdictional history. Visually, it looks like a timeline of all L&I claim events. The BIIA sends the JH to parties with an order granting an appeal. This document helps to create a quick timeline of the case. In turn, it helps to establish BIIA’s jurisdiction over the appeal.
  • JOI – Job of Injury. The JOI is the job that the work injury claimant held at the time of his or her work injury.
  • LEP or LOEPLoss of Earning Power Benefits. These are a type of wage replacement benefit for workers that can return to work under lower earning capacity. L&I pays LEP only while the workman’s compensation claim is open.

 

Workman’s comp claim terminology (M-Q)

In addition, we also have the following acronyms:

  • MHMental Health.
  • MMIMaximum Medical Improvement, Medical Fixity, or Fixed and Stable (FAS). MMI is when medical professionals conclude that no additional treatment can help.
  • MMPN – Medically More Probable Than Not. The MMPN is the medical legal standard for every workers’ comp claim. It weighs whether a condition is more probably true than not.
  • MPNMedical Provider Network. With very few exceptions, medical providers treating work injury claimants’ must be members of the MPN.
  • NC – Nurse Consultant.
  • OMD – Office of Medical Director (at L&I).
  • ONC – Occupational Nurse Consultant or Office of Nurse Consultant at L&I.
  • OD – Occupational Disease. This is a disease or condition caused by distinctive conditions of employment.
  • PAC or PA-C – Physician Assistant.
  • PCE or PBPCEPhysical Capacity Evaluation or Performance Based Physical Capacity Evaluation. This is an evaluation that helps assess the physical abilities of the work injury claimant.
  • PCP – Primary Care Physician.
  • PPD Permanent Partial Disability. The PPD is a monetary award that a person with a work injury claim might receive. L&I pays this award when there are permanent and measurable residual conditions.
  • PTD/TPD – Permanently Totally Disabled or Total Permanent Disability. This refers to work injury claimants who are so disabled that they will never be able to return to work.

 

Workers’ comp claim lingo (R-Z)

Finally, the remaining terms and acronyms are available below:

  • ROA – Report of Accident. When a medical provider files a claim on your behalf, they fill and submit the ROA report to L&I.
  • ROI – Report of Injury.
  • RTW – Return to Work.
  • SIE – Self-Insured Employer. L&I and Washington State provide funding for some claims. However, for self-insured employers, there are third party administrators that manage the claim.
  • SIMP – Structured Intensive Multidisciplinary Program, which is a pain management program. These programs help work injury victims rebuild strength and stamina. The goal of the program is to help you return to work, to address mental health conditions, chronic pain, vocational issues, and others.
  • SM – Secure Message. You can communicate with your L&I claim manager by sending them a secure message through CAC.
  • TBITraumatic Brain Injury.
  • TL or TLC – Time-Loss Compensation Benefits. It’s a type of wage replacement benefit that L&I pays to people after a work injury. Here, L&I sends out payments every two weeks to workers that cannot work due to their industrial injury or occupational disease.
  • TPA – Third Party Administrator. The TPA manages and administers workman’s comp claims for self-insured employers.
  • TTD – Temporary Total Disability. If you had a work injury and you’re temporarily disabled, then L&I will pay time-loss benefits. Yet, to qualify, you must certify the TTD every 30 days with your physician.
  • VDROVocational Dispute Resolution Office.
  • VOC – Vocational Services.
  • VRC – Vocational Rehabilitation Counselor.
  • WSF or WVF – Work Status Form. This is a form that work injury claimants must complete every 30 days to declare their entitlement to TLC. Previously, it was called a Worker Verification Form (WVF).

 

Summary and conclusions

In conclusion, while this list is a good start, there are many acronyms in the workers’ compensation claim settings. In fact, some are not available in the list above. Consequently, if you encounter an unfamiliar acronym in your workman’s compensation claim, you can simply ask what it means. After all, people working on workers’ comp claims use acronyms very frequently. Unfortunately, sometimes they forget that others don’t necessarily know what they mean.

 

L&I Claim Closed – Who is Paying for Future Medical Expenses?

What happens after my L&I claim closes? I get this question all the time. It’s one of the biggest points of stress for people after a work injury in Washington State. Moreover, this stress is particularly high for people that know they will incur additional medical costs after their L&I claim is closed. In this write-up, I’m hoping to enlighten workers about claim closure and who pays for future medical expenses.

 

Paying for medical expenses after L&I claim closure

Under WAC 296-20-124, the Department of Labor and Industries (L&I) will not pay for services after a workers’ compensation claim closes. However, L&I and self-insured employers are responsible to pay for services that relate to the claim reopening application. Furthermore, there are a couple of other important exceptions.

 

Workers’ compensation claim closure and payment exceptions

The first exception is for certain periodic medical exams. Here, L&I and self-insured employers must pay for certain periodic medical surveillance examinations. For example, these exams are very common in cases involving asbestos diseases. Generally, doctors recommend these exams under the medical protocol whenever they need to perform routine medical monitoring or maintenance.

 

Another exception is for medical equipment replacement. Under WAC 296-20-1102, L&I may cover repair or replacement of prosthetics, orthotics and other special equipment. However, after L&I claim closure, you need to get pre-authorization from the prescribing medical provider. Explicitly, your doctor needs to provide a document to L&I to explain the need to replace or repair the item. For example, your doctor will have to explain that the medical device incurred damages, broke, or is worn out. Finally, note that crutches, cervical collars, and lumbar and rib belts (as well as other low-cost orthotics) don’t require preapproval. Of course, there are also limitations on the kinds of items that L&I will cover. As an example, L&I will not cover inversion traction equipment, vibrators or heating pads. They will also not cover home furnishings, hot tubs and exercise equipment.

 

Personal recommendation

In my opinion, I always think it’s a good idea for people with a work injury claim to plan for their L&I claim closure. In part, they should discuss medical expense (and other) concerns before claim closure becomes final. On top, there are special considerations when medical surveillance exams or equipment repair applies in your L&I claim. In such cases, I recommend that claimants, medical providers and L&I get on the same page regarding process and procedure after claim closure.

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