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Filing a petition for review

What if I disagree with the decision reached in the PD&O?

You may ask the three Board Members to review the judge's decision. Make your request in writing
and title it "Petition for Review."

How much time do I have to file a 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. If an unrepresented limited-English proficient party requests translation within 20 days of receiving the Proposed Decision and Order, all parties will have 30 days from the date they receive the translation to file a Petition for Review.

What must be in a Petition for Review?

RCW 51.52.104 and WAC 263-12-145 set forth the requirements for a Petition for Review. Your Petition for Review must:

  • Note "PETITION FOR REVIEW" on the first page.
  • Contain the following information:

    1. The Case Name, BIIA Docket Number, and Department 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. 

Do not include other pleadings with your Petition for Review.

How do I file a Petition for Review?

File your Petition for Review with the Executive Secretary in the BIIA's Olympia office within 20 days. You may file in person, by mail, by facsimile, or online:

    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
  • 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.

Can I get transcripts of the hearings?

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 transcripts@biia.wa.gov.

Can I get an extension of time to file a Petition for Review?

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.

Where do I find rules about Petitions for Review?

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.

What if no one files a Petition for Review within the time allowed?

The PD&O becomes the final order of the Board. You cannot appeal to superior court.

What if a Petition for Review is filed?

The Board will determine whether to grant or deny the petition following a review of the record based on the grounds detailed in the Petition for Review and the evidence cited in the record in support thereof.

Petition for Review denied

The Board will issue an "Order Denying Petition for Review." The Proposed Decision and Order becomes
the final order of the Board.

Petition for Review granted

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.