L&I launches new light duty complaint resolution process – Technologist

The Washington Department of Labor and Industries (L&I) recently launched a new Light Duty Complaint Resolution Office, for the purpose of resolving disputes over transitional and permanent job assignments for both state fund and self-insured workers’ comp claims. This is an important (and potentially problematic) development for employers because injured workers and their attorneys now have another avenue to adjudicate the validity and meaningfulness of light duty job offers. Even if a dispute is resolved in the employer’s favor, the new process will keep the injured worker out of work longer, potentially increasing their total time loss benefits.

This new office will undergo a 12-month trial period, with the potential to be made permanent depending on the results. During a Retro Advisory Committee meeting on October 31, 2024, L&I reported that the office has received 58 complaints in its first two months of operation (over half of which have already been resolved, with nearly half of those resolutions in favor of the injured worker). There is still much to be worked out as this office expands, including notification processes, decision criteria, and the opportunity for additional appeals. Vigilant’s workers’ compensation staff has met with the office’s leaders as well as an L&I claims supervisor and other L&I representatives to discuss improvements to both the process and outcomes. We will continue to work closely with L&I as these processes are developed and report any major developments to members.

Tips: In the meantime, the establishment of this office reinforces the importance of having a robust and proactive light duty program for workers injured on the job. If you participate in Vigilant’s Washington workers’ compensation claims management program, your assigned claims manager and safety professional are available to help identify light duty positions for your workplace and ensure that any written light duty job offers meet the statutory requirements. Additional resources, such as our Light Duty and Return to Work webinar, and previous newsletter article about required elements for valid light duty job offers, are also good places to start. With L&I’s stay-at-work reimbursements significantly increasing on January 1, 2025, now is a good time to review your light duty program and ensure you’re getting the most out of returning your injured employees to work.

To learn more about optimizing your light duty and return-to-work strategies—or how our Retro program can help you navigate challenges like those posed by the new Light Duty Complaint Resolution Office—contact Bryon Bailey, our Senior Director of Workers’ Comp.