APPLICATION TO REOPEN CLAIM
Accident report treated as application to reopen
An accident report may constitute an application to reopen for aggravation of condition where the Department has not been misled or prejudiced. The worker should not be penalized for using the wrong form in applying for additional benefits. ....John Svicarovich, 08,205 (1957) [See also In re Stanley Lee, BIIA Dec., 09,425 (1959) APPLICATION FOR BENEFITS]
Office notes treated as application to reopen
An application to reopen must be in writing, be individual in nature, and give the Department information regarding the reason for the application Donati v. Department of Labor & Indus., 35 Wn.2d 151 (1949)), but the Department may not require a worker to submit an application to reopen by using a particular form (WAC 296-14-400). Where worker's physician submitted office notes recommending further treatment, the Department should have treated the same as an application to reopen. ....Wallace Hansen, 90 1429 (1991)[Cf. Tollycraft Yachts v. McCoy, 122 Wn.2d 426, 433 (1993)]