What if I disagree with the decision reached in the Proposed Decision and Order?

 

Any party who disagrees with any portion of this decision may request a review by the three Board Members.  Your request must be in writing and should be titled “Petition for Review.”

 

How much time do I have to file a Petition for Review?

 

The Petition for Review must be filed with the Board's Olympia office within twenty (20) days from the date you receive the Proposed Decision and Order (PD&O).

 

How do I file a Petition for Review?

 

The Petition for Review must contain the following information:

 

1.      The Case Name, Board Docket Number, and Department Claim Number (or Firm Number or Citation and Notice Number);

 

2.      The reasons you believe the PD&O is incorrect.  State the evidence in the record that supports your petition;

 

3.      Any rulings made by the judge that you think are incorrect.

 

4.      A "Declaration of Receipt" stating the date the PD&O was received.  (See the form on Page 3.)

 

The Petition for Review must be filed in the Board's Olympia office within 20 days.  You may file in person in Olympia, or by mail to:

 

Executive Secretary

Board of Industrial Insurance Appeals

2430 Chandler Ct. SW

P.O. Box 42401

Olympia, WA 98504-2401

 

·         If filed by mail, the petition is considered filed when it is deposited in the United States Postal Service, properly stamped and addressed;

 

·         If you mail your petition on the date of your deadline, complete the "Certificate of Mailing" (see page 3) as proof of the mailing date;

 

·         Copies of your petition must be mailed to the other parties.  Their names and addresses appear on the certificate of mailing included with the PD&O.

 

Can I get transcripts of the hearings?

 

The Board will provide you with copies of the transcripts, depositions, and exhibits of the proceedings free of charge.  You must file a written request for these documents.

 

Can I get an extension of time to file a Petition for Review?

 

If you cannot complete your petition within the twenty (20) day time period, you may request an extension of time.

 

1.      The request must be in writing and should state the reasons why the extension is needed.

 

2.      The request must be filed with the Board's Olympia office within twenty (20) days from the date of receipt of the Proposed Decision and Order.

 

3.      The request must include a "Declaration of Receipt" stating the date the PD&O was received.  (See the form on Page 3.)

 

If an extension is granted, the amount of time is determined by the Board.

 

Where do I find the statutes and rules regarding Petitions for Review?

 

Statutes and rules can be found in the Revised Code of Washington (RCW Chapter 51.52) and Washington Administrative Code (WAC 263-12).  These are legal publications available in law libraries.  They are also available on the Washington State Legislature website:  http://www1.leg.wa.gov/LawsAndAgencyRules. 

 

Most of these rules can be found in the Board's Rules of Practice and Procedure, a publication that you can request from the Board.

 

What if a Petition for Review is not filed?

 

If a Petition for Review is not filed within the time allowed, the PD&O will be adopted as the final Decision and Order of the Board.  No further appeal may be taken to the courts.

 

Further Questions?

 

You may call us at 360-753-6824.


DECLARATION OF RECEIPT OF PROPOSED DECISION AND ORDER

 

Case Name: __________________________ Docket number: __________________

 

Claim/Firm/Citation number: ____________________

 

                  I declare under penalty of perjury under the laws of Washington State that the following is true and correct and based on personal knowledge.

 

                  The Proposed Decision and Order in this appeal was received on

 

_____________________________, by _____________________________________

                        (Date)                                                             (Individual's Name)

on behalf of _____________________________________.

                                                (Party Name)

 

                  SIGNED:_____________________, at ______________________________

                                                (Date)                                                 (City and State)

 

                                                                                    ________________________________

                                                                                                            (Signature)

 

                                                                                    ________________________________

                                                                                                            (Printed Name)

 

 

CERTIFICATE OF MAILING

 

Case Name: __________________________ Docket number: __________________

 

Claim/Firm/Citation number: ____________________

 

                  I certify under penalty of perjury under the laws of Washington State that I filed a Petition for Review or Request for Extension of Time with the BIIA by depositing it in the United States Postal Service with postage prepaid and addressed to the Board's offices in Olympia on this date.

 

                  SIGNED:_____________________, at ______________________________

                                                (Date)                                                 (City and State)

 

                                                                                    ________________________________

                                                                                                            (Signature)

 

                                                                                    ________________________________

                                                                                                            (Printed Name)