Washington Administrative Code › Title 263 - Industrial Insurance Appeals, Board of › Chapter 263-12 - Practice and procedure › Section 263-12-160 - Final decisions favoring workers or beneficiaries - Retention of jurisdiction to fix interest due

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Qualifying appeals. A worker or beneficiary who prevails in his or her own
			 appeal regarding a claim for temporary total disability or in any appeal by the
			 employer shall be paid simple interest at the rate of twelve percent per annum
			 on the unpaid amount of the award after deducting the amount of attorney's
			 fees.
(2) Retention of jurisdiction
			 to enter order for payment of interest. In a qualifying appeal the board will
			 retain jurisdiction after issuance of its final order for the purpose of
			 entering an order fixing the amount of interest to be paid by the party having
			 the obligation to pay the amount of the award as a result of the board's final
			 order. In the event a further appeal is taken to superior court from the final
			 order of the board, the board will retain jurisdiction to fix interest only if
			 directed to fix interest by order or judgment of the court or if the appeal to
			 superior court is dismissed without a decision on the merits of the
			 appeal.
(3) Party who may be
			 obligated to pay award to transmit interest fixing information. In those cases
			 where the board determines that interest may be payable pursuant to
			 RCW
			  51.52.135, the department or self-insurer, as
			 the case may be, shall notify the board in writing of the amount of any award
			 paid subsequent to the date of the department order under appeal, the date of
			 payment of the award, and any other information necessary for the board to
			 calculate and fix the interest which may be due on such award. In cases
			 involving payment of compensation for temporary total disability the department
			 or self-insurer shall notify the board of the monthly rate or rates at which
			 payments are made and the periods to which the rate or rates apply.
(4) Attorneys to notify board of amount of
			 fees. The attorney or attorneys of record for a worker or beneficiary in a
			 qualifying appeal shall upon the request of the board provide a written
			 statement indicating the dollar amount of fees charged to the worker or
			 beneficiary for services rendered in obtaining or securing the award in
			 qualifying appeals under
			 RCW
			  51.52.135. Such statement shall be provided
			 by a date specified in the board's request, but in no case later than thirty
			 days from the date of payment by the department or self-insurer of the award
			 paid as a result of the board's final order. In the event that the attorney or
			 attorneys of record do not provide the board with the requisite statement
			 within the time specified, the amount of fees paid to the attorney or attorneys
			 will be deemed to be equal to thirty percent of the award paid as a result of
			 the board's final order.
(5) Fixing
			 of interest and entry of order. Upon receipt of all required information,
			 interest will be calculated by the board at twelve percent per annum from the
			 date of the department order granting the award in an appeal by the employer or
			 the date of the department order denying payment of the award in a qualifying
			 appeal by a worker or beneficiary. Thereafter, the board will enter an order
			 fixing the amount of interest to be paid by the party having the obligation to
			 pay the award as a result of the board's final order. Such interest shall be
			 paid in full to the worker or beneficiary and is not subject to any claim for
			 attorney's fees.
Statutory Authority:
				  RCW
				  51.52.020. 91-13-038, §
										263-12-160, filed 6/14/91,
				  effective 7/15/91. Statutory Authority:
				  RCW
				   51.52.020 and
				  51.52.135. 84-02-024 (Order 15),
				  §
										263-12-160, filed
				  12/29/83.