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March 2024

Timeliness of Protest/Summary Judgment Motions
The Department issued an order in which it determined that it couldn't reconsider its closing order because the worker's protest was untimely. On appeal, the worker contended that the order never became final because it had not been mailed to a treating psychologist who treated him six times. The Board held that the psychologist wasn't the worker's attending provider. Citing Shafer v. Dep't of Labor & Indus., 166 Wn.2d 710 (2009), the Board held that the order was properly communicated to the attending provider, Matthew Brown, D.O., and became final and binding when no protest or appeal was filed within 60 days of communication.
In re Zachariah Roetcisoender, Dckt. No. 23 14840 (March 14, 2024)

Social Security Benefits Offset/Pension Option III
The pensioned worker elected Option III benefits, resulting in an actuarially reduced pension benefit in return for his spouse receiving a continued lifetime benefit of one-half of the reduced benefit thereafter. RCW 51.32.220(5) provides, "In no event shall the reduction reduce total benefits to less than the greater amount the worker may be entitled to receive under this title or the federal old-age, survivors, and disability insurance act." The Board held that the Department properly offset the worker's Option III monthly pension amount by his Social Security retirement and disability benefits in accordance with RCW 51.32.220 and RCW 51.32.225, after first taking into account the reduced benefit amount under Option III.
In re Arthur C. Beard, Dckt. No. 23 11002 (March 18, 2024)

Pension-Option II-Social Security Benefits Offset
The pensioned worker elected Option II benefits, resulting in an actuarially reduced pension benefit in return for his spouse receiving a continued lifetime benefit of one-half of the reduced benefit thereafter. RCW 51.32.220(5) provides, "In no event shall the reduction reduce total benefits to less than the greater amount the worker may be entitled to receive under this title or the federal old-age, survivors, and disability insurance act." The Board held that the Department properly offset the worker's Option III monthly pension amount by his Social Security retirement and disability benefits in accordance with RCW 51.32.220 and RCW 51.32.225, after first taking into account the reduced benefit amount under Option II.
In re James R. Lorkowski (Dec'd), Dckt. No. 23 13625 (March 25, 2024)