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Filing a petition for review

What if I disagree with the decision reached in the PD&O?

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 BIIA's Olympia office within 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:

  • The Case Name, BIIA Docket Number, and Department Claim Number (or Firm Number or Citation and Notice Number).
  • The reasons you believe the PD&O is incorrect.  State the evidence in the record that supports your petition.
  • Any rulings made by the judge that you think are incorrect.
  • A "Declaration of Receipt" stating the date the PD&O was received. 
  • The Petition for Review must be filed with the Executive Secretary in the BIIA's Olympia office within twenty (20) days. You may file in person in Olympia, or by mail, by facsimile, or online:

    Board of Industrial Insurance Appeals
    2430 Chandler Ct. SW
    P.O. Box 42401
    Olympia, WA 98504-2401

    FAX: 360-586-5611 or 855-586-5611

    File online: https://fortress.wa.gov/biia/efiling/documentsubmit/PleadingCorespondence.aspx

  • 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" as proof of the mailing date.
  • If filed by facsimile or online, the petition must be filed by 5 p.m. on the date of your deadline. Petitions received after 5 p.m. will be deemed filed the next business day.
  • Copies of your petition must be mailed to the other parties. Their names and addresses appear on the mailing cover page included with the PD&O.

Can I get transcripts of the hearings?

We 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 and send to transcripts@biia.wa.gov.

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

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

  • The request must be in writing and should state the reasons why the extension is needed.
  • The request must be filed with the BIIA's Olympia office within 20 days from the date of receipt of the Proposed Decision and Order.
  • The request must include a "Declaration of Receipt" stating the date the PD&O was received. 

If an extension is granted, the amount of time is determined by the Board. . If you are not notified that an extension has been granted, you must file your petition for review within the 20-day time period.

Where do I find rules about 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

Most of these rules can be found in the BIIA's Rules of Practice and Procedure.

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.

What if a Petition for Review is filed?

The Board will determine whether to grant or deny the petition following a review of the entire record.

Petition for Review denied

The Board will issue an "Order Denying Petition for Review." The Proposed Decision and Order becomes the final order of the Board.

Petition for Review granted

The Board will issue an “Order Granting Petition for Review.” The Board will review the record and issue a Decision and Order, which is the Board's final order. The Board must issue the Decision and Order within 180 days of the date the Petition for Review was filed.