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Do You Know the Rule? Wash. Exposed Workers – Presumption of Certain Occupational Diseases
30 Sep, 2022 Frank Ferreri
Olympia, WA (WorkersCompensation.com) – As do other states, Washington, by statute, creates a presumption that certain diseases were contracted on the job for purposes of workers’ compensation benefits.
Here’s a look at how those presumptions work in the Evergreen State and when they can be rebutted.
Topics |
Explanations |
What the presumption applies to |
Respiratory disease, except communicable diseases Heart problems experienced within 72 hours of exposure to fumes, toxic substances, or chemicals at the job site Cancer Beryllium sensitization and acute and chronic beryllium disease Neurological disease, except communicable diseases |
When the presumption for cancer applies |
It only applies to any active or former exposed worker who has cancer that develops or manifests itself and who either was given a qualifying medical examination upon becoming such a worker that showed no evidence of cancer or was not given a qualifying medical examination because one wasn’t required |
The types of cancers the presumption applies to |
Leukemia Primary or secondary lung cancer, including bronchi and trachea, sarcoma of the lung, other than in situ lung cancer that is discovered during or after a postmortem examination, but not including mesothelioma or pleura cancer Primary or secondary bone cancer Primary or secondary kidney cancer Lymphomas other than Hodgkin’s disease Waldenstrom’s macroglobulinemia and mycosis fungoides Primary cancer of the:
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How long the presumption applies |
The presumption extends to an exposed worker following termination of service for the lifetime of that individual A worker or the survivor of a worker who has died as a result of one of the conditions or diseases covered under the presumption, and whose claim was denied, can file a new claim for the same exposure and contended condition or disease The presumption applies to decisions made after June 7, 2018, without regard to the date of last injurious exposure or claim filing |
Fees and costs |
When a determination involving the presumption is appealed to the board of industrial insurance appeals and the final decision allows the claim of benefits, the board of industrial insurance appeals shall order that all reasonable costs of the appeal, including attorneys' fees and witness fees, be paid to the worker or her beneficiary by the opposing party When a determination involving the presumption is appealed to any court and the final decision allows the claim for benefits, the court shall order that all reasonable costs of appeal, including attorneys' fees and witness fees, be paid to the worker or his or her beneficiary by the opposing party |
How the presumption is rebutted |
The presumption of occupational disease may be rebutted by clear and convincing evidence. Such evidence may include, but is not limited to:
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Forms, email updates, legal, regulatory, and compliance information from Washington and 52 other jurisdictions across the U.S. can be found on WorkCompResearch.com.
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About The Author
About The Author
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Frank Ferreri
Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.
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