Department as necessary party
The Department must be included as a party to an appeal where the outcome of the appeal may have a direct impact on the second injury fund. ….Shelby McCallum, 00 17408 (2001)
The Department is a necessary party to an appeal in light of WAC 296-14-420(1) where the issues on appeal involve whether a new injury or aggravation occurred and there are simultaneous applications filed under two different claim. ....Craig Fruth, 91 4490 (1992)
Multiple claims and employers
An employer, other than the one for which the worker was working at the time of the alleged injury, is not an aggrieved party within the meaning of RCW 51.52.060, but because there is an issue related to identification of the responsible employer, the matter should be remanded to the Department pursuant to WAC 296-14-420 for consideration of the employer to be charged. ....Kenneth Keierleber, 91 5087 (1993)
Where a dispute arises as to whether the condition for which the worker requires medical treatment is due to one of two separate injuries with two separate employers, it is proper to join the non-appealing employer as a party. ....Mario Miranda, 40,116 (1972)
Provider as necessary party
Where the ultimate resolution of an appeal impacts the self-insured employer's responsibility to pay the provider for services and when the provider moved to intervene after issuance of a proposed decision and order after the matter was tried without notice to the provider, the Board joined the provider as a necessary party and remanded the matter for further proceedings to consider the provider's assertions. ....William Shumate, 91 4962 (1992)
Single claim, multiple possible employers/insurers
Although all potential insurers on a claim must be given the opportunity to participate in an appeal involving claim allowance, if all the potential employers are insured through the state fund and the Department is participating in the appeal, it is unnecessary to join all state fund employers. ....Daniel Pingley, 01 16177 (2003)Editor's Note: The Board's decision was appealed to superior court under Cowlitz County Cause No. 03-2-00215-2.]
A claim cannot be rejected because the responsible employer or insurer is not a party to the appeal. To fully decide the issue of claim allowance, any potentially responsible insurer must be allowed to participate. If the state fund is implicated, the Department must be joined. It is unnecessary to join all state fund employers, although they may be allowed to participate. ….Richard Eades, 01 17639 (2002)