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

Category: Retraining Vocational (Page 3 of 5)

L&I Claim in Washington State: How does it work?

L&I claim benefits and workers’ compensation claim rules vary from state to state. L&I claim in Washington State follows the requirements of the Industrial Insurance Act. Here, in Washington State, the goal is to provide benefits to people with a work injury claim and their dependents.

 

Labor and Industries (L&I)

The Department of Labor and Industries (L&I) is the Washington State agency that administers these benefits. Consequently, it’s L&I’s job to determine the benefits to provide in every workers’ compensation claim. Generally, employers and employees statewide pay workers’ compensation insurance premiums out of every paycheck. For state-funded work injury claims, L&I pays benefits out of the premiums they collect throughout the year. Overall, when I think about all available L&I claim benefits,  I group them into categories: treatment, wage replacement, vocational, and closing.

 

L&I claim medical treatment

L&I must authorize treatment that is “necessary and proper” for any condition that relates to the work injury claim. In essence, “necessary and proper” typically refers to diagnostic, curative, or rehabilitative treatment. Moreover, L&I does not consider purely palliative treatment as necessary and proper under the law. L&I uses a third party called Comagine to help determine whether treatment fits the definition. Usually, treatment continues until the work injury claimant gets to maximum medical improvement. That’s when medical providers say the person with the work injury is as good as they are going to get.

 

Wage replacement in workers’ compensation claims

Employers can opt to keep the work injury victim on salary while they recover. However, in many cases employers don’t do this. Then, if the work injury claimant can’t work or has reduced earning capacity, they may be entitled to wage replacement benefits. Explicitly, these include time loss compensation or loss of earning power. Realistically, L&I pays time loss compensation if the work injury claimant is temporarily incapable of working while recovering. This is referred to as being “temporarily totally disabled”.

 

L&I pays time loss compensation benefits at base rate of 60% of the work injury claimant’s wages at the time of injury. Loss of earning power benefits are paid when the work injury victim can work to some extent while recovering but has at least 5% reduction in earnings.

 

L&I claim vocational benefits

Surprisingly, many people don’t realize that vocational services are part of their L&I claim benefits package. Personally, I think that  vocational benefits are particularly important for work injury claimants. Many workers need retraining to get back to work. In particular, this is often the case for people that work physical jobs after they suffer a work injury. Often, their work injury results in permanent physical limitations. When this happens, L&I can authorize and cover the costs of retraining for up to two years. Finally, L&I assigns a vocational counselor to oversee the entire process.

 

Closing L&I claim

Are there L&I claim benefits during claim closure? Yes! Many people are surprised to learn that L&I pays certain benefits when their workers’ compensation claim closes. In fact, L&I provides benefits at claim closure whenever the injured person has permanent measurable residuals. Many times, the person having the work injury is capable of working (despite the residuals). For compensation, they should get a permanent partial disability award (PPD award). The PPD is a monetary award. L&I bases the PPD award amount on the permanent disability that they can measure. More correctly, a competent medical provider is responsible for measuring the level of disability.

 

Sometimes, the person that suffered an injury at work is no longer capable of working. In such instances, we refer to them as “permanently totally disabled”. L&I places such injured people on an L&I pension when their claim closes. The value of L&I pension benefits is comparable to time loss compensation benefits. However, L&I pays pension benefits monthly for the remainder of the work injury victim’s life. That’s true as long as they remain permanently and totally disabled.

 

The role of a workers’ compensation attorney in Washington State

An L&I attorney or workers’ compensation attorney like me has several roles. For one, L&I attorneys ensure that L&I and insurance companies provide work injury claimants the benefits they deserve under the law. Furthermore, L&I issues orders or notice of decision letters regularly. These decisions are very important. They often contain entitlement to benefits. In many cases, people with L&I claim disagree with L&I’s decision. Therefore, they can protest or appeal the decision. Many times, the likelihood of success can be much higher with the help of an L&I attorney.

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.

 

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