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How To Disagree With An L&I Decision

Why  Diagree with an L&I Decision

  • L&I claim managers make important decisions about your claim.
  • They often get it wrong.  You can disagree with those decisions and ask or require them to make another decision.
  • If you ignore an L&I decision or wait too long, it will become final and binding and you will be stuck with it.
  • Look to see what you disagree with. Is it an order or a vocational decision? It make a difference, see below.

ORDER – I Got an L&I Order. What Should I Do?

  • You know you have an order because it says:
    • Order and Notice at the top
    • It gives you a 60 day deadline to disagree at the bottom
  • What to do?
    • Read the order
    • Note your time deadline (60 days from the receipt )
    • Understand what the order says and what it means for you and your claim
    • Decide what you are going to do about this order. Accept it or disagree.
    • If you are going to disagree, take legal action as appropriate, and don’t miss your time deadline.

When L&I Makes a Wrong Decision there is the Legal Action You Can Take to Correct the Decision.

Protest & Request for Reconsideration

  • A protest is a written disagreement with an L&I order or letter.
  • There is a time deadline to protest. Protests of L&I ORDERS must be sent to L&I in writing within 60 days of when the order was communicated to you.
  • Most LETTERS can be protested anytime, even beyond the 60 days.Your protest will require L&I to reconsider their decision. The information you put in your written protest must specify that you disagree with the order and are requesting action inconsistent with the decision.
  • Here is what is important Making the protest on time is most important. After a protest is made you have some time to gather or get information to support the reason you protested.  Said another way: Protest first and get your information to L&I as soon as you can.

Appeal

  • AppealsAn Appeal is a written disagreement with an L&I order.
  • The appeal must be in writing and sent to the Board of Industrial Insurance Appeals within 60 days of when the order was communicated to you.
  • This written appeal should comply with the requirements of RCW 51.52.070.
  • After you appeal, L&I will be given an opportunity to review the appeal and reconsider their order. If L&I passes on that opportunity then the Board of Industrial Insurance accepts a proper appeal and the litigation process starts.
  • Miss your 60 day deadline and you have a problem because the order becomes final, aka Res Judicata. If you appeal in time then you will start into the Board of Industrial Insurance Appeals process.
  • Send a written appeal to:  BIIA, P.O. Box 42401, Olympia, WA 98504-2401
  • You can instead  file your appeal online.
  • Here is what is important Making the appeal on time is most important. After an appeal is made you have some additional time to gather or get information to support the reasoning you put in the appeal. Said another way: Appeal first and get your information to the Board when you can.
  • More information at Appeal

 

VOCATIONAL DECISION – How to Dispute an L&I Vocational Decision

  • L&I provides vocational services to injured workers who are not employable. Employability is a legal decision, based on facts and opinion.
  • When considering employability and whether they will provide vocational services L&I makes vocational decisions.
  • They will send you a letter telling you their decision.  If you don’t agree with a vocational decision then disagree with it.
  • Your dispute, protest, or appeal is the proper way to disagree with a vocational decision.
  • Vocational disputes have some of their own rules. The time deadline to dispute a vocational decision letter is only 15 days.  Don’t miss your deadline.
  • For detailed information see:  Disputing, Reconsidering or Appealing a Vocational Decision.

The Law is Complex.

  • The reason vocational challenges may seem complex is because they are complex.
  • Disagreeing with an L&I vocational decision is a legal process
  • Consult with an L&I lawyer if you have questions.

Disclaimer

  • The information here and throughout this website is made available to you as a public service. I present it here because I believe in access to justice and that you have a right to know important legal information.
  • This legal information is not a substitute for legal advice.
  • Legal advice is what lawyers do when they apply your facts to the law.
  • I recommend you consult with a lawyer about your case.  Do not miss your time deadlines.

How to Access L&I Law

How to See Your L&I Claim File

  • Get a copy of your claim file.  You can register to view your claim on My L&I 

How to Get L&I Benefit Information

Time Deadlines If You are Going to Disagree With an L&I Decision

  • Do it in time – Don’t miss a deadline.
  • Protest an order – 60 days after communication of the order to you
  • Appeal an order – 60 days after communication of the order to you
  • Protest or Appeal of a Letter – anytime if no time frame is indicated in the letter
  • Dispute of a Vocational Decision – 15 calendar days after receipt of notification letter.
    • can be extended for good cause
    • can protest or appeal within 60 days if you miss your dispute

DIY – Can You Do It Yourself ?

  • That depends. Each persons case is different.
  • Cases can be simple or complex; easy or hard.
  • The law is no different for you than it is for me.
  • However it is the development and presentation of your facts and your case that determines how successful you will be if you DIY.
  • It’s better to try than to give up.
  • It’s evan better to request a free consultation from a lawyer so you can talk strategy.
  • You can still DIY if you wish or need to.

What’s Next?

L&I Benefits
Dispute a Vocational Decision
Protest
Appeal
Lifetime Pension Payments

Want to Talk with Us?  We know how to get L&I to change their mind.

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