Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-14 - Industrial insurance › Section 296-14-4129 - How will imputed wages be determined?

Current through Register Vol. 24-14, July 15, 2024
(1) When the worker has performed work or
			 work-type activities within the state of Washington, the department imputes
			 wages based on information collected and reported by the department of
			 employment security. This information may include wages for the same or similar
			 jobs within the geographic area proximate to the worker and for the same or
			 most proximate time period as the work or work-type activities
			 performed.
(2) When the worker
			 performed work or work-type activities outside the state of Washington for
			 which wages are to be imputed, the department will use information collected
			 and reported by the United States Department of Labor Statistics to determine
			 the correct imputed wage.
(3) In no
			 case shall the imputed wages equal less than the hourly minimum wage for the
			 proximate time period and geographic area used.
(4) If the worker engaged in reduced work or
			 work-type activities when compared to the employment at the time of injury,
			 except in pension cases, the department shall calculate the loss-of-earning
			 power benefits consistent with
			 RCW
			  51.32.090(3) to which the
			 worker would have been entitled based on the imputed wage.
Example of imputed wage:
A worker received
				time-loss compensation benefits and contended he was unable to work in his
				regular job as a construction laborer. Investigation showed that he was working
				painting houses on a regular full-time basis. The work he performed was ongoing
				over an extended period of time. Payments for this work were reportedly on a
				cash basis and no records were kept.
Wages would be imputed based on the average wage of a painter
				in his local area as reported by the department of employment security.
Example of reduced work or work-type activity:
A
				worker was receiving time-loss compensation benefits for a shoulder injury she
				suffered while working as a registered nurse. She contended she was unable to
				perform nursing duties. The department received evidence that she had in fact
				been working on a regular basis as a cashier in her husband's delicatessen.
				There were no wages reported for this work. The evidence also showed she had
				worked there for several months.
The medical and vocational providers were shown the
				investigative evidence and they determined the worker was able to work and had
				returned to work as a cashier.
The department would impute wages based on the average wage
				paid by the business owner to other employees in the same position. If there
				were no other employees, wages would be imputed based on the average wage of a
				cashier in the local area as reported by the department of employment
				security.
Example of release for work and no imputed wage:
A
				worker, who was a carpenter on the date of injury, was receiving time-loss
				compensation benefits based on his alleged inability to return to work. He
				contended he had to use a wheelchair to get around.
Video evidence was obtained showing him performing extensive
				remodeling work on a rental home he owned. He did not use the wheelchair and
				there was no indication he had any difficulties performing the work. His
				activities included installing siding and windows, painting, and performing
				other activities inconsistent with his alleged level of disability. He received
				no wages as the work was done on his personal property.
The video was shown to his attending physician. The physician
				withdrew his certification of the worker's entitlement to time-loss
				compensation benefits and released him to return to work at his job of injury
				effective the first date of the video surveillance.
There is no need to impute wages because the release for work
				was to the job of injury.
Statutory Authority:
				  RCW
				  51.04.010,
				  51.04.020, and 2004 c 243.
				  04-20-024, § 296-14-4129, filed 9/28/04, effective
				  11/1/04.