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WPI155.04Explanation of the Industrial Insurance System

6A WAPRAC WPI 155.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 155.04 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part XI. Workers' Compensation
Chapter 155. Workers' Compensation
WPI 155.04 Explanation of the Industrial Insurance System
This case is brought pursuant to the Industrial Insurance Act. The purpose of the Industrial Insurance Act is to provide benefits to workers and their dependents for disabilities or deaths caused by industrial injuries or occupational diseases.
The Department of Labor and Industries is the state agency that administers the Industrial Insurance Act. It is the Department's duty to determine what benefits are to be provided to a worker under the Industrial Insurance Act and to issue all orders relating to claims under the Act.
Once the Department makes a determination regarding a worker's benefits, those benefits are provided [either] from a fund that is administered by the Department from premiums collected from employers and employees statewide [or by the worker's employer, if the employer is certified by the Department to be self-insured. The employer in this case is a self-insured employer].
The Board of Industrial Insurance Appeals is a separate state agency that is independent of the Department of Labor and Industries. It is the Board's function to review the Department's determinations when there is an appeal by interested parties.
NOTE ON USE
This instruction should be included in the court's written instructions to the jury. This instruction may also be given as part of the court's oral instructions to the jury at the beginning of the case.
The bracketed portion of the third paragraph of this instruction should be given when the employer is self-insured.
COMMENT
RCW 51.04.020 invests the Department of Labor and Industries with the responsibility for administering the Industrial Insurance Act.
[Current as of November 2016.]
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