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AGO Opinions with Topic: INDUSTRIAL INSURANCE
AGO 2005 No. 3 >  March 29, 2005
INDUSTRIAL INSURANCE - BOARD OF INDUSTRIAL INSURANCE APPEALS - PENSIONS/RETIREMENT
Authority of Board of Industrial Insurance Appeals to use money in the accident fund and/or the medical aid fund to process and adjudicate appeals... The Board of Industrial Insurance Appeals may use money in the accident fund or the medical aid fund to process and adjudicate appeals arising under Laws of 1996, ch. 226 or Laws of 2003, ch. 402, although the Legislature may in its discretion provide other sources of funding for this activity.
AGO 1983 No. 8 >  April 18, 1983
WORKERS' COMPENSATION - INDUSTRIAL INSURANCE - VOCATIONAL REHABILITATION AMENDMENTS
APPLICABILITY TO PREVIOUSLY INJURED WORKERS Sections 1 through 13 of chapter 63, Laws of 1982, relating to vocational rehabilitation for injured workers, are remedial statutes which apply retroactively to such workers regardless of the date of injury; § 18, however, applies prospectively only to those workers whose deaths were caused by injuries that occurred on or after January 1, 1983.
AGO 1984 No. 5 >  February 14, 1984
INDUSTRIAL INSURANCE - WORKERS' COMPENSATION - COVERAGE - ATHLETES
APPLICABILITY OF INDUSTRIAL INSURANCE ACT TO CERTAIN ATHLETES (1) Professional athletes who enter into contracts with, and are paid by, athletic organizations domiciled outside of the State of Washington are, nevertheless, covered by the Washington industrial insurance (i.e., workers' compensation) system when they are assigned to, and are playing for, an organization or team domiciled in Washington. (2) Hockey players under contract with a Washington domiciled "amateur" hockey league team are not covered by the Washington industrial insurance system if the only remuneration they receive is limited to, and is the nature of, travel expense reimbursement or coverage and no other form of compensation is paid; if, however, the players are receiving some further compensation for their services, as well, they would be "workers" and, therefore, covered. (3) Industrial insurance coverage for semiprofessional athletes will be dependent upon the particular facts of each case from the standpoint of whether or not the athletes are compensated for their services as such so as to cause them to be "workers" within the meaning of RCW 51.08.180.
AGO 1984 No. 15 >  June 18, 1984
WORKERS' COMPENSATION - INDUSTRIAL INSURANCE - EMPLOYERS
FUNDING CERTAIN INDUSTRIAL INSURANCE BENEFITS Where an employer who is certified to self-insure its workers' compensation obligations has paid a permanent partial disability award to an employee who subsequently becomes totally and permanently disabled from the combined effects of the injury and a preexisting disability, that employer is then required to pay into the state pension reserve fund the accident cost which would have resulted solely from the injury had there been no preexisting disability.
AGO 1984 No. 22 >  August 31, 1984
INDUSTRIAL INSURANCE - WORKERS' COMPENSATION - INVESTMENT
CONSTITUTIONALITY OF INVESTMENT OF INDUSTRIAL INSURANCE FUNDS IN CORPORATE STOCK The provisions of Wash. Const., Art. XXIX, § 1 (Amendment 49) do not cover the investment of money in the state industrial insurance accident, medical aid and reserve funds so as to permit the investment of those funds in corporate stock pursuant to legislative authorization, notwithstanding the provisions of Wash. Const., Art. XII, § 9.
AGO 1985 No. 2 >  January 11, 1985
INDUSTRIAL INSURANCE - WORKERS' COMPENSATION - MINIMUM WAGE
APPLICABILITY OF MINIMUM WAGE LAW TO VOCATIONAL REHABILITATION TRAINEES When an industrially-injured worker continues to receive temporary total disability compensation from the Department of Labor and Industries while participating in an approved vocational rehabilitation plan consisting of on-the‑job training and there is no payment of wages by the training employer to the worker, court decisions support the proposition that state or federal minimum wage laws generally will not be applicable; nevertheless, if sufficient other indicia of an employer-employee relationship are present a court could still find an on-the‑job trainee to have crossed the line to becoming an employee for minimum wage law purposes.
AGO 1986 No. 5 >  February 25, 1986
FUNDS - INDUSTRIAL INSURANCE - PENSION - SCHOOL FUNDS - TRUSTS
CONSTITUTIONALITY OF INVESTMENT IN SECURITIES LENDING AGREEMENTS AND REVERSE REPURCHASE AGREEMENTS The permanent common school fund, public pension and retirement funds, and the industrial insurance trust funds may be invested in securities lending agreements and reverse repurchase agreements pursuant to amendments to the Washington Constitution which allow such funds to be invested as authorized by law.
AGO 1994 No. 18 >  October 19, 1994
INDUSTRIAL INSURANCE - WORKERS COMPENSATION - PHYSICIAN AND PATIENT - RECORDING OFFICIAL PROCEEDINGS
Authority of Department of Labor and Industries to prohibit recording of medical examinations The Department of Labor and Industries has authority in prescribing the conduct of medical examinations conducted pursuant to the state's industrial insurance program (RCW 51.32.110) to prohibit the patient and third parties from recording such examinations, and such action is not inconsistent with RCW 9.73.030 or other Washington law.
AGO 1967 No. 26 >  July 10, 1967
INDUSTRIAL INSURANCE - COUNTIES - CRIMES - LIABILITY OF COUNTY FOR COLLECTION AND REMITTANCE TO ACCIDENT AND MEDICAL AID FUNDS - PENALTY FOR UNLAWFUL ISSUANCE OF BUILDING PERMITS
INDUSTRIAL INSURANCE - COUNTIES - CRIMES - LIABILITY OF COUNTY FOR COLLECTION AND REMITTANCE TO ACCIDENT AND MEDICAL AID FUNDS - PENALTY FOR UNLAWFUL ISSUANCE OF BUILDING PERMITS (1) Where a county has entered into a contract with a contractor for the performance of work by employees of the contractor which comes within the provisions of the industrial insurance (workmen's compensation) laws, the county is liable to the state of Washington for collection and remittance of monies due to both the industrial insurance accident fund and the industrial insurance medical aid fund on account of such work. (2) Where a county issues a construction building permit in violation of the provisions of chapter 20, Laws of 1965, Ex. Sess., (RCW 51.12.070) the county itself is not subject to a criminal penalty; however, if the violation is wilful, the county employee issuing the permit may be prosecuted for commission of a misdemeanor under RCW 42.20.100; in addition, the county may be liable to the state for resulting unpaid industrial insurance premiums depending upon the facts of a particular case.
AGO 1968 No. 14 >  March 26, 1968
INDUSTRIAL INSURANCE - LABOR - MASTER AND SERVANT - USE OF INDUSTRIAL INSURANCE CATASTROPHE FUND
INDUSTRIAL INSURANCE - LABOR - MASTER AND SERVANT - USE OF INDUSTRIAL INSURANCE CATASTROPHE FUND RCW 51.16.130, relating to the distribution of catastrophe costs under the industrial insurance act, is applicable so as to reduce the charges to the class accounts of an employer which are required by RCW 51.16.020, in the case of an industrial accident in which three or more employees of a single employer are fatally or otherwise injured as specified therein, irrespective of whether the same three or more employees were also engaged in a single class of employment.
AGO 1969 No. 1 >  January 14, 1969
INDUSTRIAL INSURANCE - LABOR - COMPUTATION OF EMPLOYER PREMIUM PAYMENTS - PENSION CLAIMS
INDUSTRIAL INSURANCE - LABOR - COMPUTATION OF EMPLOYER PREMIUM PAYMENTS - PENSION CLAIMS (1) When computing the "average cost of pension claims," under RCW 51.16.020, for the purpose of determining the premium charges to employers under the state industrial insurance act, it is legally permissible for the department of labor and industries to use a five year averaging period in the absence of any statutory provision to the contrary. (2) It is not legally permissible for the department of labor and industries to include fatalities of unmarried workmen who leave no surviving beneficiaries or dependents in computing the "average cost of pension claims" under RCW 51.16.020, since such cases do not involve "pension claims" within the meaning of the industrial insurance act.
AGO 1960 No. 128 >  June 28, 1960
INDUSTRIAL INSURANCE - WORKMEN'S COMPENSATION ACT - LEGALITY OF LEVIES ON ACCIDENT FUND BY UNITED STATES FOR UNPAID FEDERAL INCOME TAXES
INDUSTRIAL INSURANCE - WORKMEN'S COMPENSATION ACT - LEGALITY OF LEVIES ON ACCIDENT FUND BY UNITED STATES FOR UNPAID FEDERAL INCOME TAXES RCW 51.32.040 providing that no money payable out of the workmen's compensation accident fund shall, before the issuance and delivery of the warrant therefor, be capable of being attached, does not prevent levies from being made on awards from the fund by the United States pursuant to 26 U.S.C.A. 6321 for unpaid federal income taxes.
AGO 1960 No. 159 >  November 21, 1960
INDUSTRIAL INSURANCE - UNIVERSITY OF WASHINGTON - COVERAGE OF MASTERS AND CREWMEN OF VESSELS
INDUSTRIAL INSURANCE - UNIVERSITY OF WASHINGTON - COVERAGE OF MASTERS AND CREWMEN OF VESSELS The Washington legislature could extend the coverage of workmen's compensation to state employees who are masters or crewmen of state vessels operated by the University of Washington, but such employees are presently expressly excluded by statute.
AGO 1956 No. 249 >  April 19, 1956
INDUSTRIAL INSURANCE - SAFETY - DEPT. OF LABOR AND INDUSTRIES, DIVISION OF SAFETY - SAFETY STANDARDS - GENERAL SAFETY STANDARDS - SAFETY STANDARDS FOR METALS INDUSTRY - PERSONAL PROTECTIVE EQUIPMENT AND CLOTHING, EMPLOYER'S DUTY TO PROVIDE AND USE
INDUSTRIAL INSURANCE ‑- SAFETY ‑- DEPT. OF LABOR AND INDUSTRIES, DIVISION OF SAFETY ‑- SAFETY STANDARDS ‑- GENERAL SAFETY STANDARDS ‑- SAFETY STANDARDS FOR METALS INDUSTRY ‑- PERSONAL PROTECTIVE An employer may be compelled to provide welding gloves and welding helmets for his employees, except in cases where particular employees may prefer to use their own gloves and helmets; but an employer may not be compelled to furnish welding jackets and pants.   It is the responsibility of the employer to see that proper safety equipment is used by his employees.
AGO 1954 No. 206 >  February 16, 1954
WORKMEN'S COMPENSATION - PREMIUMS - INDUSTRIAL INSURANCE - EXTRAHAZARDOUS OCCUPATIONS
WORKMEN'S COMPENSATION - PREMIUMS - INDUSTRIAL INSURANCE - EXTRAHAZARDOUS OCCUPATIONS Office employees of employers under classes 7-1, 9-1, 9-2 and 46-1 are required by the provisions Rem. Rev. Stat. (Sup.) § 7676 (a) (cf. RCW 51.20.010 et seq. ) to be reported under their respective classes and class 49-4 applies only to such office employees of an employer subject to the compulsory provisions of the Act as are not covered by some other specific classification.
AGO 1951 No. 147 >  September 26, 1951
INDUSTRIAL INSURANCE - EMPLOYEES COVERED UNDER "WORK PERFORMED BY MAINTENANCE AND SERVICE EMPLOYEES IN STORES, BUILDINGS AND ESTABLISHMENTS
INDUSTRIAL INSURANCE ‑- EMPLOYEES COVERED UNDER 'WORK PERFORMED BY MAINTENANCE AND SERVICE EMPLOYEES IN STORES, BUILDINGS AND ESTABLISHMENTS Chapter 246, Laws of 1951, declaring certain employment extrahazardous, supplements existing definitions and classifications, and declares work by service and maintenance employees in stores, buildings and establishments to be extrahazardous.
AGO 1951 No. 110 >  August 28, 1951
STATE PATROL - BENEFITS DEDUCTED FROM DISABILITY AWARDS - INDUSTRIAL INSURANCE
STATE PATROL ‑- BENEFITS DEDUCTED FROM DISABILITY AWARDS ‑- INDUSTRIAL INSURANCE All amounts received as monthly pensions from the Department of Labor & Industries, including increases pursuant to statute, are to be deducted from the State Patrol's disability award, and the most practical and lawful means of recovering overpayments is to deduct a small amount each month from the officer's award until the overpayments are made up.
AGO 1951 No. 029 >  April 30, 1951
INDUSTRIAL INSURANCE - MEDICAL AID - EMPLOYMENT OF PHYSICIAN AND SURGEON - SALARY
INDUSTRIAL INSURANCE ‑- MEDICAL AID ‑- EMPLOYMENT OF PHYSICIAN AND SURGEON ‑- SALARY
The Department of Labor and Industries may employ a physician and surgeon to assist in administering medical aid, and such physician and surgeon may be paid from the medical aid fund.
AGO 1949 No. 163 >  November 18, 1949
INDUSTRIAL INSURANCE - MINORS - EMPLOYMENT APPLICATIONS
INDUSTRIAL INSURANCE -- MINORS -- EMPLOYMENT APPLICATIONS The requiring of minor applicant's birth place and submission of birth certificate as proof of age on Department of Labor and Industries form for employment permit is not an unfair employment practice.
AGO 1949 No. 170 >  November 30, 1949
INDUSTRIAL INSURANCE - APPEAL COSTS
INDUSTRIAL INSURANCE -- APPEAL COSTS Department of Labor & Industries (not new Board of Industrial Insurance Appeals) liable for all costs in connection with industrial insurance appeals.
AGLO 1981 No. 19 >  July 24, 1981
INDUSTRIAL INSURANCE - WORKERS' COMPENSATION
RECOVERY OF INTERIM TIME LOSS PAYMENTS UPON ULTIMATE REJECTION OF CLAIM When the Department of Labor and Industries pays temporary total disability (time loss) benefits to an industrial insurance claimant pursuant to RCW 51.32.210 prior to entry of an order, and then subsequently rejects the claim, the department is not entitled to recover back those time loss benefits in the absence of some clerical error, misrepresentation or fraud.
AGLO 1981 No. 19 >  July 24, 1981
INDUSTRIAL INSURANCE - WORKERS' COMPENSATION
RECOVERY OF INTERIM TIME LOSS PAYMENTS UPON ULTIMATE REJECTION OF CLAIM(1) When the Department of Labor and Industries pays temporary total disability (time loss) benefits to an industrial insurance claimant pursuant to RCW 51.32.210 prior to entry of an order, and then subsequently rejects the claim, the department is not entitled to recover back those time loss benefits in the absence of some clerical error, misrepresentation or fraud.
AGLO 1980 No. 32 >  November 18, 1980
PENSIONS - RETIREMENT - INDUSTRIAL INSURANCE - LEOFF
SIMULTANEOUS PAYMENT OF DISABILITY LEAVE AND WORKERS' COMPENSATION Neither RCW 41.26.130(4) nor anything contained in the state Industrial Insurance Act preclude a Plan I LEOFF member who is on disability leave because of injuries sustained in the performance of some other employment from simultaneously receiving a disability leave allowance under RCW 41.26.120 and workers' compensation benefits in accordance with Title 51 RCW.
AGLO 1979 No. 9 >  February 7, 1979
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - INDUSTRIAL INSURANCE - WORKERS' COMPENSATION
APPROVING SETTLEMENTS OF THIRD PARTY CLAIMS Under the provisions of chapter 51.24 RCW, as amended by chapter 85, Laws of 1977, 1st Ex. Sess. (SSB 2154), either the State Department of Labor and Industries or a self-insured employer may legally approve a settlement between an injured worker (or beneficiary) and a third party tortfeasor which is for an amount less than the amount already disbursed by the department or self-insurer for industrial insurance benefits.
AGLO 1973 No. 21 >  February 2, 1973
WORKMEN'S COMPENSATION - INDUSTRIAL INSURANCE - LABOR AND INDUSTRIES
WORKMEN'S COMPENSATION ‑- INDUSTRIAL INSURANCE ‑- LABOR AND INDUSTRIES The department of labor and industries has the authority to certify an employer as a self-insurer under chapter 51.14 RCW of the industrial insurance act where the employer has retained an independent service organization to assist it in managing its industrial insurance matters.
AGLO 1973 No. 62 >  June 1, 1973
SCHOOLS - DISTRICTS - EMPLOYEES - INDUSTRIAL INSURANCE - WORKMEN'S COMPENSATION - ATHLETIC EVENTS
SCHOOLS ‑- DISTRICTS ‑- EMPLOYEES ‑- INDUSTRIAL INSURANCE ‑- WORKMEN'S COMPENSATION ‑- ATHLETIC EVENTS Referees, umpires, other athletic officials, ticket sellers, ticket takers, parking lot attendants and others who are employed by school districts or their student body organizations to work at interscholastic and other athletic events conducted by such districts are not excluded from the coverage of the Industrial Insurance Act by RCW 51.12.030 (3).
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