INTEREST (RCW 51.52.135)
Attorney fees not allowed on interest award
It is unlawful to charge an attorney fee from interest awarded pursuant to RCW 51.52.135. ....Floyd Allen, 69,533 (1988) [Editor's Note: The Board's decision was appealed to superior court under Skagit County Cause No. 88-2-00124-6.]
Fixing interest following superior court appeal
Where the worker prevails in an appeal to superior court the Board no longer retains jurisdiction for the purpose of fixing interest in that appeal, unless specifically directed to do so by order or judgment of the court. RCW 51.52.135(3). ....Charles Leo Courneya, 89 0845 (1989)
Loss of earning power benefits
Interest is not payable when a worker is awarded loss of earning power benefits since such benefits are not payments for temporary total disability and RCW 51.52.135(2) permits payment of interest when a worker prevails in an appeal regarding a claim for temporary total disability. ....Manuel Estrada, 89 3707 (1991)
Time-loss compensation
The Board may fix interest on time-loss benefits not specifically ordered by the Board if payment of the benefit was delayed due to the appeal. ....Deanna Brunker, 06 18865 (2007)
The Board may fix interest on time-loss compensation benefits that were payable while the appeal was pending if the resolution of the appeal results in the reversal of an order rejecting the claim. ....Denise Easttum, 05 17635 (2006)
Waiver impermissible
The Board will not approve an agreement which provides that the worker waives the claim for interest or that attempts to define the amount of interest to be paid. Such agreements are not in conformity with the law. RCW 51.04.060. ….Walter Brown, 96 4666 (1999)