What if I disagree with the decision reached in the final order?
- Any party who disagrees with any portion of this decision may appeal to superior court.
How much time do I have to appeal to superior court?
- In workers' compensation and WISHA cases, your appeal to superior court must be filed within thirty (30) days from the date you receive the Board's final order.
- In crime victim and tax assessment cases, your appeal must be filed within 30 days from the date the order was mailed to you.
In what county do I file a superior court appeal?
- In a workers' compensation case,file the appeal either (1) in the county where the injured worker or beneficiary lives, or (2) in the county where the injury took place. If the worker's residence and the place of injury are outside Washington State, file the appeal in Thurston County Superior Court.
- In a WISHA case, file the appeal in the county where the violation is alleged to have occurred.
- In a crime victim or tax assessment case, file the appeal either (1) in Thurston County, or (2) in the county where you live or where your principal place of business is located.
Do I need to send copies of the appeal to anyone?
- Copies of the appeal MUST be mailed or hand-delivered to the BIIA, Department, and (if applicable) to the Self-Insured Employer:
Board of Industrial Insurance Appeals
2430 Chandler Court SW
P.O. Box 42401
Olympia, WA 98504-2401
Department of Labor and Industries
Office of the Director
P.O. Box 44001
Olympia, WA 98504-4001
Is there a form for filing an appeal in superior court?
- No. Each superior court has its own filing requirements. There is a directory available on the Washington Courts website to help you locate the appropriate superior court: http://www.courts.wa.gov/court_dir.
What evidence will the superior court consider?
- The case will be tried based on the record made before the Board. The record consists of transcripts, depositions, and exhibits offered during Board hearings.
Where do I find the statutes and rules regarding superior court appeals?
Statutes and rules can be found in the Revised Code of Washington (RCW) and Washington Administrative Code (WAC). These are legal publications available in law libraries. They are also available on the Washington State Legislature web site: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.
- Workers' Compensation – See RCW 51.52.110 and WAC 263-12-170.
- Washington Industrial Safety and Health Act (WISHA) – See RCW 49.17.150.
- Tax Assessment – See RCW 51.48.131 and RCW 34.05.510 – RCW 34.05.598.
- Crime Victims – See RCW 7.68.110 and RCW 34.05.510 – RCW 34.05.598.
What about attorney fees?
This section applies only to injured workers, beneficiaries, and crime victims. It does not apply to employers or to WISHA or tax assessment cases.
A worker/beneficiary/crime victim represented by an attorney who succeeds in their appeal may ask the Board to set the attorney fee. The request must be in writing and must be filed within one year of receipt of the Board's final order. The Board has authority to set the fee even though a fee agreement was made with the attorney. The responsibility for paying the fee, however, remains with the worker/beneficiary/crime victim.