Filing a petition for review
- What if I disagree with the decision reached in the PD&O?
- How much time do I have to file a Petition for Review?
- How do I file a Petition for Review?
- Can I get transcripts of the hearings?
- Can I get an extension of time to file a Petition for Review?
- Where do I find rules about Petitions for Review?
- What if no one files a Petition for Review within the time allowed?
- What if a Petition for Review is filed?
- Petition for Review denied
- Petition for Review granted
You may ask the three Board Members to review the judge's decision. Make your request in writing and title it "Petition for Review."
File your Petition for Review with the BIIA's Olympia office within 20 days from the date you receive the PD&O.
Your Petition for Review must:
- Note "PETITION FOR REVIEW" on the first page.
- Contain the following information:
- If filed by mail, the petition is considered filed when it is deposited in the United States Postal Service, properly stamped and addressed.
- If you mail your petition on the date of your deadline, complete the Certificate of Mailing as proof of the mailing date.
- If you file online or by fax, we must receive it by 5 p.m. on the date of your deadline. Petitions received after 5 p.m. will be deemed filed the next business day.
- Copies of your petition must be mailed to the other parties. Their names and addresses appear on the mailing cover page included with the PD&O.
1. The Case Name, BIIA Docket Number, and Departmen Claim Number (or Firm Number or Citation and Notice Number).
2. The reasons you believe the PD&O is incorrect. State the evidence in the record that supports your petition.
3. Any rulings made by the judge that you think are incorrect.
4. A "Declaration of Receipt" stating the date the PD&O was received.
Board of Industrial Insurance Appeals
2430 Chandler Ct. SW
P.O. Box 42401
Olympia, WA 98504-2401
FAX: 360-586-5611 (Olympia area) or 855-586-5611 File online
Yes, we will provide you with copies of the transcripts, depositions, and exhibits in your case free of charge. Send your request for these documents to firstname.lastname@example.org.
Yes. Your request must:
1. Be in writing and should state the reasons why the extension is needed.
2. Be filed with the BIIA's Olympia office within 20 days from the date of receipt of the PD&O.
3. Include a "Declaration of Receipt" stating the date you received the PD&O.
The Board determines if an extension is granted and for how long. You must file your Petition for Review within the 20-day time period unless the Board grants you an extension.
You can find statutes and rules in the Revised Code of Washington (RCW Chapter 51.52) and Washington Administrative Code (WAC 263-12). These are legal publications available in law libraries or online at Washington State Legislature website.
Most of these rules can be found in the BIIA's Rules of Practice and Procedure.
The PD&O becomes the final order of the Board. You cannot appeal to superior court.
The Board will determine whether to grant or deny the petition following a review of the entire record.
The Board will issue an "Order Denying Petition for Review." The Proposed Decision and Order becomes the final order of the Board.
The Board will issue a Decision and Order. The Board must issue the Decision and Order within 180 days of the date the Petition for Review was filed.