board of industrial insurance appeals hearing when i do not have an attorney

What is the Board of Industrial Insurance Appeals?

The Board of Industrial Insurance Appeals (BIIA) is a separate state agency that is independent from L&I. The BIIA reviews L&I's determinations when there is an appeal by interested parties. The BIIA operates like a court to decide the case.

How do I appeal a L&I decision?

The Board of Industrial Insurance appeals is a Washington State agency that independently hears appeals of decisions made by the Department of Labor and Industries (L&I). Types of decisions reviewed and heard by the Board include WISHA citations and employer premiums. The Board also reviews decisions made in workers’ compensation cases.

What happens if a Biia does not have jurisdiction?

Your doctor must appear in person and testify on your behalf at a hearing. Without an attorney to represent you, you will be responsible for making arrangements for your doctor to testify and also for paying any witness fees that he or she may charge. Proceedings in front of the Board of Industrial Insurance Appeals are very

How do I file an appeal with the Biia?

Mar 06, 2018 · The L&I attorney will arrange for a court reporter and proper filing of the deposition transcript. Do I Need An L&I Attorney at The Board of Industrial Insurance Appeals? Yes. Your L&I attorney will prepare your testimony so that you hit all of the legal requirements in your burdens of proof. Your labor and industries attorney will tell you how ...

What is the number to call for a notice of receipt of appeal?

If you do not receive your Notice of Receipt of Appeal, you may call us at 360-753-6823 or 800-442-0447.

What happens if a medical provider files a letter disagreeing with a recent L&I decision regarding

This can happen if a medical provider files a letter disagreeing with a recent L&I decision regarding a worker's entitlement to benefits. In most instances we will treat this as an appeal filed on behalf of a worker and identify it as a "claimant's" appeal. Or, you or your attorney may have sent something to the Department that the Department forwarded to us as an appeal.

What to do if a provider does not plan to participate in BIIA?

If the provider does not plan to participate, they should notify the BIIA in writing. A letter can be filed electronically here.

What is the BIIA?

The Board of Industrial Insurance Appeals (BIIA) is a separate state agency that is independent from L&I. The BIIA reviews L&I's determinations when there is an appeal by interested parties. The BIIA operates like a court to decide the case.

How long can you stay your unemployment benefits?

The law also allows the employer to request those benefits be stayed (stopped) by filing a motion within 15 days after the appeal is granted. The employer's motion should specifically request that benefits be stayed during the appeal process.

What happens if you don't file an appeal?

If you choose not to participate, it is possible that your interests could be substantially affected by the outcome of the appeal. In some instances, the outcome of the appeal might not have any effect on you.

How long does it take to get transcripts from a court hearing?

It is our goal that judges issue decisions as soon as possible after all transcripts are received. This generally takes between 20-60 days. At times, due to the complexity of the appeal, it may take longer.

What is the Board of Industrial Insurance?

The Board of Industrial Insurance appeals is a Washington State agency that independently hears appeals of decisions made by the Department of Labor and Industries (L&I). Types of decisions reviewed and heard by the Board include WISHA citations and employer premiums. The Board also reviews decisions made in workers’ compensation cases.

What happens if a PD&O is not appealed?

If the PD&O is appealed, then the three members will either issue an order denying the petition and affirm the PD&O as the final decision of the Board.

Can the Board review a claim file?

Rules and guidelines. It is important to know that the Board is not permitted to review the complete claim file when deciding the issue appealed. The Board bases its decision on the evidence that is presented by the parties to the appeal.

What are the rules of civil procedure in Washington?

The rules of civil procedure at the Board are the same technical rules as exist in Superior Court. This favors defense interests such as the Washington State Department of Labor & Industries and Self-Insured Employers who have the financial ability to hire L&I attorneys to navigate the technicalities. Procedures at the Board differ ...

How to get your doctor's opinion considered?

The only effective way to have your doctor’s opinion considered is to arrange for it to be subject to cross-examination. In other words, your doctor must testify and be subject to vigorous questioning by defense counsel.

Can a doctor testify in court?

Often times a doctor is not willing to give the time and effort necessary to testify in court for your medical condition. Meanwhile, the injured worker cannot force a doctor (even with a subpoena) to testify to an opinion without being fairly compensated.

Do L&I attorneys prepare for testimony?

Yes. Your L&I attorney will prepare your testimony so that you hit all of the legal requirements in your burdens of proof. Your labor and industries attorney will tell you how to dress and behave, as well as when to speak up versus be quiet.

Can an injured worker call a doctor in for a deposition?

Of course, this raises a further procedural problem because the Board does not allow unrepresented injured workers to call their doctors in for a deposition. Therefore, the doctor must literally come to court on the date the judge sets for trial.

Can a judge consider a doctor's opinion?

Seldom do exceptions apply, and even when they do, the judge cannot consider the doctor’s opinion for the “truth of the matter asserted” within that opinion. If you attempt to offer your doctor’s medical report as support for your case, the judge will not allow this because Court Rule 802 prohibits it.

Is a doctor's opinion deemed reliable?

The doctor was not subject to the rigors of cross-examination, so their medical opinion is not deemed sufficiently reliable. If you offer your doctor’s report to the Board of Industrial Insurance Appeals Judge presiding in your Board matter, the IAJ will likely reject it under Court Rule 802, unless an exception applies.

What happens if you don't attend an appeal hearing?

If you are not the party who appealed and you do not attend, the hearing will proceed without you and you may be required to repay to the Department any benefits you have received.

How long does it take to appeal a court decision?

But, there is a time limit on that right. You must appeal within 30 calendar days of the date the Administrative Law Judge’s decision is mailed or electronically transmitted.

Why do administrative judges ask for witnesses?

An Administrative Law Judge may also ask why a party has not brought witnesses or documents to the hearing so they can be considered. Similarly, an Administrative Law Judge may ask a witness the source of the information and whether the witness actually saw something or was merely told about it.

What to do if your evidence is not paper?

If your evidence is not paper, call the number at the top of the Notice of Hearing to make arrangements to have it considered at the hearing.

What to do if the opposing party has an attorney?

If the opposing party has an attorney and you do not: Remain calm, keep your mind on your own case and on your plan to present testimony or documents. Ask for an explanation of any unfamiliar terminology used by either the Administrative Law Judge or the opposing attorney.

How long do you have to request a witness?

As with a subpoena for a witness, you must make a written request at least five calendar days before the hearing. The request must describe the item, identify the owner or custodian, list that person's address, and describe why the Administrative Law Judge must consider that item in order to make a proper decision.

What happens after an administrative hearing?

After the hearing, the Administrative Law Judge will write a decision, which will state the facts, the law, and the reasons for the decision. It will be mailed to you, or, if you have consented to receiving electronic service of the decision or disposition, it will be emailed to you.

What happens if UW is not a party to a case?

If UW is not a party to the case, and you do not think that the case involves a potential quality of care issue for UW School of Dentistry or other Health Sciences school, you may agree to meet or speak with attorneys if they have the appropriate release of information forms signed by the patient .

Why do health care providers testify as fact witnesses?

Even when health care providers who are involved in cases in the role of treating provider are asked to testify as “fact” witnesses, however, they actually function in a type of “hybrid” role, because expert opinions may be elicited if formulated as part of the basis of care.

What is a subpoena in court?

A subpoena is a legal document requiring a specific person to appear and testify as a witness in court or at a deposition. A subpoena duces tecum (SDT) orders the person subpoenaed to produce books, documents, or other records under his/her control.

What is the UW School of Dentistry policy?

UW School of Dentistry policy directs faculty, residents, students & employees to comply with their legal obligations to provide fact witness testimony related to subpoenas and similar court process. Under the law, the individual named in the subpoena has primary responsibility for ensuring that a response to the subpoena takes place; failure to do so can result in contempt citations and other sanctions from the court against that individual. The guidelines below are intended to assist faculty, residents, students & employees with this duty, while minimizing disruption to patient care.

How to contact UW School of Dentistry?

For subpoenas related to patient care, UW School of Dentistry faculty, residents, students & employees should contact Health Sciences Risk Management in the Health Sciences Center – (206) 598-6303; HMC – (206)744-9574; UWMC – (206) 598-6303. Health Sciences Risk Management serves as a liaison to the Attorney General’s Office for this purpose, so this will fulfill one’s obligation, as outlined in the University of Washington Handbook, to notify the Attorney General’s Office upon receiving legal process. Questions about non-patient care-related subpoenas (or other legal process) should be directed to the Assistant Dean of Finance and Administration.

How long before a subpoena can you release medical records?

[1] For example, most medical records may be released pursuant to a subpoena as long as a “notice of intent” to subpoena the records has been sent (and copied to the patient) 14 days in advance.

When are witnesses subpoenaed?

Sometimes witnesses are subpoenaed to give deposition or trial testimony at a time that is inconvenient or when the witness is unavailable. When this occurs, contact the attorney and explain the situation and request an alternative time and date to provide testimony.

Why do VA disability benefits deny?

The VA frequently denies legitimate claims or awards an inadequate benefit amount because of mistakes made on application forms or because of the applicant’s failure to demonstrate the extent of their injuries.

How much disability do you have to be to qualify for VA benefits?

Generally, a veteran must be at least, by quantifiable measures, 10% disabled by injuries that were incurred in or aggravated during active duty, training, or inactive duty training to qualify for benefits. A veteran may also qualify for VA benefits for post-service disabilities that are related to disabilities that occurred in service. If a veteran has dependents, an additional allowance may be added if his or her combined disability is rated 30% or greater.

What are the benefits of VA disability?

Our Tampa attorneys have experience helping veterans who have the following injuries receive disability benefits from the VA: 1 Post-Traumatic Stress Disorder 2 Exposure to Toxic Chemicals 3 Back and Spinal Injuries 4 Gulf War Syndrome 5 Medical Conditions Caused by Exposure to Deplete Uranium 6 Traumatic Brain Injury 7 Amputations 8 Tropical Diseases, such as dysentery and malaria 9 Gunshot Wounds 10 Shrapnel Wounds from Improvised Explosive Devices 11 Knee, Leg, and Arm Injuries