In Washington State, people that suffer a office damage leading to everlasting however not complete impairment could also be entitled to monetary compensation. This compensation goals to deal with the lasting impression of the damage on their skill to earn wages. Estimating potential compensation includes contemplating components similar to the character and severity of the impairment, the employee’s age, and their pre-injury earnings. Whereas on-line instruments exist to assist estimate this quantity, these instruments ought to be thought of informational sources solely, as they can not present a definitive settlement determine. Formal calculations contain advanced authorized and medical evaluations particular to every case.
Predicting potential monetary recourse after a everlasting office damage presents injured staff a level of stability and permits them to plan for his or her future. Understanding the implications of an impairment ranking and the way it interprets into potential compensation is essential for knowledgeable decision-making. Traditionally, staff’ compensation legal guidelines developed to offer a security web for injured staff, making certain a degree of monetary assist whereas defending employers from doubtlessly devastating lawsuits. These methods fluctuate from state to state, with Washington State having its personal particular rules and procedures.
This text will additional delve into the complexities of Washington State’s everlasting partial incapacity system, inspecting the method of acquiring an impairment ranking, understanding the function of medical and authorized professionals, and navigating the settlement course of successfully. Key matters embody the appeals course of, the function of the Division of Labor and Industries, and sources accessible to injured staff.
1. Impairment Score
Inside the framework of Washington State’s everlasting partial incapacity system, the impairment ranking serves as a cornerstone for figuring out the extent of a person’s everlasting impairment ensuing from a office damage. This ranking, expressed as a proportion, displays the severity of the damage’s impression on the person’s total bodily or psychological operate. It performs an important function in calculating the potential settlement quantity.
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Medical Analysis and Willpower
Impairment scores are assigned by certified medical professionals following an intensive analysis of the injured employee. These evaluations adhere to the American Medical Affiliation (AMA) Guides to the Analysis of Everlasting Impairment. The doctor considers components similar to medical information, diagnostic testing, and the person’s useful limitations to reach at a medically sound ranking. This course of ensures objectivity and consistency in evaluating the impression of the damage.
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Proportion Illustration and Significance
The impairment ranking, expressed as a proportion, represents the proportion of whole-person impairment. For instance, a ten% impairment ranking signifies a ten% discount within the particular person’s total useful capability. This proportion immediately influences the calculation of the financial settlement, with larger percentages usually akin to bigger settlements. It gives a standardized metric for quantifying the impression of the damage.
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Impression on Settlement Calculations
The impairment ranking is a crucial think about calculating the financial worth of a everlasting partial incapacity settlement. It serves as a multiplier, influencing the quantity of compensation a person receives for his or her lack of operate. Whereas different components, similar to misplaced wages and age, additionally contribute to the calculation, the impairment ranking considerably impacts the general settlement quantity.
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Disputes and Impartial Medical Examinations
Disagreements concerning the assigned impairment ranking can come up. In such instances, an unbiased medical examination (IME) could also be performed by one other certified doctor to offer an goal second opinion. This course of ensures equity and permits for an unbiased assessment of the preliminary evaluation, contributing to a extra correct and equitable decision.
Understanding the function and implications of the impairment ranking is essential for navigating the complexities of Washington State’s everlasting partial incapacity system. It gives a foundational aspect upon which your entire settlement course of is constructed, impacting the ultimate financial compensation and making certain a good evaluation of the damage’s lasting impression.
2. Misplaced Wages
Misplaced wages symbolize a major factor inside Washington State’s everlasting partial incapacity settlement calculations. These calculations goal to compensate injured staff for the monetary impression of their diminished incomes capability as a result of a everlasting partial incapacity sustained in a office accident. The connection between misplaced wages and the general settlement calculation is multifaceted, contemplating each previous and potential future earnings losses.
Previous misplaced wages embody the earnings misplaced between the date of the damage and the settlement date. This calculation considers the employee’s pre-injury earnings and any short-term incapacity advantages acquired throughout that interval. For instance, a development employee unable to work for six months as a result of a again damage would have their misplaced wages calculated based mostly on their typical wage throughout these six months, much less any short-term incapacity funds acquired. Precisely documenting these losses is essential for making certain honest compensation. Future misplaced wages, then again, challenge the potential earnings loss the employee would possibly expertise over their remaining work life because of the everlasting impairment. This projection includes advanced concerns, together with the employee’s age, occupation, the severity of the impairment, and potential for retraining or different employment. For example, a surgeon with a hand damage would possibly face considerably diminished future incomes potential in contrast to a knowledge entry clerk with an analogous damage, even with the identical impairment ranking.
Washington State’s system emphasizes the significance of misplaced wages in making certain equitable compensation for injured staff. The calculations attempt to offer monetary stability by addressing each the instant monetary hardship attributable to misplaced earnings and the long-term impression on incomes potential. Challenges can come up in precisely projecting future losses, significantly in instances involving youthful staff or quickly altering industries. Understanding the nuances of misplaced wage calculations throughout the broader framework of Washington State’s everlasting partial incapacity system empowers injured staff to navigate the method successfully and advocate for honest compensation.
3. Medical Data
Medical information play a pivotal function in Washington State’s everlasting partial incapacity settlement course of. These information function the foundational proof supporting the declare, immediately impacting the end result of settlement calculations. A transparent, complete medical historical past establishes the causal hyperlink between the office damage and the ensuing impairment, an important aspect for substantiating the declare. Detailed documentation of the damage, therapy, and ongoing medical care gives a chronological account of the person’s expertise, contributing to an intensive understanding of the damage’s impression. For instance, a employee’s medical information would possibly exhibit the development of a again damage sustained whereas lifting heavy objects, from preliminary prognosis and therapy to ongoing bodily remedy and potential surgical procedure, offering a complete image of the damage’s impression on their skill to work.
The accuracy and completeness of medical information immediately affect the impairment ranking assigned by medical professionals. Exact documentation of diagnoses, check outcomes, and useful limitations permits for a extra correct evaluation of the impairment’s severity. This accuracy, in flip, impacts the general settlement calculation. For example, complete information detailing the precise vary of movement limitations ensuing from a shoulder damage can result in a extra correct impairment ranking, impacting the ultimate settlement quantity. Moreover, constant medical information exhibit the continued nature of the impairment and its impression on the person’s day by day life and skill to work, strengthening the declare and supporting the necessity for compensation. Lacking or incomplete information can weaken a declare, doubtlessly resulting in a decrease settlement or denial. Organized, readily accessible medical information streamline the settlement course of, facilitating environment friendly communication between medical professionals, authorized representatives, and insurance coverage adjusters.
In abstract, sustaining meticulous medical information is crucial for navigating Washington State’s everlasting partial incapacity settlement course of successfully. These information substantiate the declare, contribute to correct impairment scores, and exhibit the long-term impression of the damage. Challenges could come up in instances with pre-existing circumstances or advanced medical histories, highlighting the significance of clear documentation to distinguish between pre-existing points and the work-related damage. The power of a declare typically rests on the comprehensiveness and accuracy of the medical information, underscoring their essential function in securing a good settlement.
4. Authorized Counsel
Navigating Washington State’s everlasting partial incapacity system presents advanced authorized challenges. Authorized counsel performs an important function in serving to injured staff perceive their rights and successfully pursue honest settlements. Attorneys specializing in staff’ compensation legislation possess an in-depth understanding of the state’s particular rules, procedures, and authorized precedents. This experience proves invaluable in maximizing potential settlement outcomes.
One key operate of authorized counsel includes helping with the claims course of. Attorneys information injured staff via the usually intricate procedures, making certain all crucial documentation is submitted accurately and deadlines are met. In addition they play an important function in gathering and presenting proof, together with medical information, witness testimonies, and professional opinions, to construct a robust case. For instance, an legal professional would possibly seek the advice of with medical consultants to make sure the assigned impairment ranking precisely displays the consumer’s useful limitations, strengthening their declare for the next settlement. Moreover, authorized counsel represents injured staff throughout settlement negotiations with employers and insurance coverage corporations. Attorneys advocate for his or her purchasers’ greatest pursuits, leveraging their authorized information and negotiation abilities to safe favorable settlement phrases. This illustration ranges the enjoying discipline, making certain injured staff should not at an obstacle throughout negotiations.
In conditions the place disputes come up, authorized counsel gives essential illustration in the course of the appeals course of. Attorneys put together and current authorized arguments earlier than administrative legislation judges and better courts, difficult unfavorable selections and defending their purchasers’ rights. This illustration is especially necessary in instances involving advanced medical points or disputed impairment scores. Efficient authorized counsel considerably enhances the chance of a profitable end result in everlasting partial incapacity instances. Attorneys present invaluable steerage, shield staff’ rights, and advocate for honest compensation, navigating the complexities of the system on behalf of their purchasers. Whereas navigating the system with out authorized illustration is feasible, doing so can put injured staff at a major drawback, highlighting the sensible significance of looking for authorized counsel in these issues.
5. State Laws
Washington State’s everlasting partial incapacity settlement system operates inside a framework of particular rules established by the state legislature and administered by the Division of Labor and Industries (L&I). These rules outline eligibility standards, profit ranges, and procedural necessities, immediately impacting the settlement calculation course of. Understanding these rules is essential for precisely assessing potential settlement outcomes.
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Defining Eligible Impairments
State rules delineate the forms of impairments thought of eligible for everlasting partial incapacity advantages. These rules specify which medical circumstances, ensuing from office accidents, qualify for compensation. For example, the rules would possibly outline particular standards for carpal tunnel syndrome ensuing from repetitive work duties to be thought of an eligible impairment. This specificity ensures consistency and equity in figuring out eligibility.
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Calculating Time-Loss Compensation
Laws dictate the strategies for calculating time-loss compensation, which covers misplaced wages in the course of the restoration interval. These rules would possibly specify the share of pre-injury wages an injured employee is entitled to obtain whereas unable to work. For instance, a employee would possibly obtain a proportion of their common weekly wage for a specified variety of weeks based mostly on the severity of their damage and the state’s rules.
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Establishing Impairment Score Schedules
Washington State employs particular schedules for assigning impairment scores. These schedules, based mostly on the AMA Guides, define the factors for evaluating varied forms of impairments and assigning corresponding proportion scores. This standardized method ensures consistency and objectivity in figuring out impairment ranges, influencing settlement calculations. For instance, the schedule would possibly present particular standards and proportion ranges for evaluating the impairment ensuing from a rotator cuff damage.
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Outlining the Appeals Course of
State rules set up the method for interesting disputed selections concerning eligibility or profit quantities. These rules define the steps concerned, together with submitting deadlines and the proof required. For example, a employee disagreeing with their assigned impairment ranking can comply with the established appeals course of to request a assessment and doubtlessly an unbiased medical examination. This ensures equity and gives a mechanism for resolving disputes.
Washington State’s particular rules kind the inspiration upon which everlasting partial incapacity settlements are calculated. Understanding these rules and their sensible software is crucial for navigating the system, making certain correct estimations, and successfully advocating for honest and acceptable compensation. Variations in rules throughout completely different states underscore the significance of specializing in the precise authorized framework governing Washington State’s system.
6. Settlement Negotiation
Settlement negotiation represents a crucial stage in resolving everlasting partial incapacity claims in Washington State. This course of includes discussions and presents exchanged between the injured employee (typically represented by authorized counsel) and the employer’s insurance coverage firm. The target is to achieve a mutually agreeable decision for the declare, figuring out the ultimate settlement quantity. The end result of those negotiations considerably impacts the monetary compensation acquired by the injured employee, highlighting the significance of understanding the dynamics and techniques concerned.
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Illustration and Advocacy
Injured staff typically profit from authorized illustration throughout settlement negotiations. Attorneys skilled in staff’ compensation legislation present beneficial experience, defending their purchasers’ rights and advocating for honest settlements. They perceive the complexities of Washington State’s rules and might successfully negotiate with insurance coverage adjusters, who symbolize the employer’s pursuits. This illustration ensures a extra balanced negotiation course of, stopping injured staff from being pressured into accepting unfavorable phrases.
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Presents and Counteroffers
The negotiation course of sometimes includes a sequence of presents and counteroffers. The insurance coverage firm could initially suggest a settlement quantity, which the injured employee can settle for, reject, or counter with a unique determine. This back-and-forth trade permits each events to discover potential settlement choices and transfer in the direction of a mutually agreeable determine. Supporting proof, similar to medical information and professional opinions, performs an important function in justifying the proposed settlement quantities throughout these exchanges.
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Components Influencing Negotiation
A number of components affect the negotiation course of, together with the severity of the impairment, the employee’s age and occupation, and the estimated future misplaced wages. A youthful employee with a extreme impairment and important future misplaced incomes potential could justify the next settlement in comparison with an older employee with a much less extreme impairment. Authorized precedent and former settlement outcomes in comparable instances additionally play a job in shaping the negotiation dynamics.
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Reaching a Mutually Agreeable Settlement
The final word aim of settlement negotiation is to achieve a mutually agreeable decision, avoiding the necessity for litigation. A profitable negotiation leads to a settlement settlement outlining the agreed-upon compensation quantity and different related phrases. This settlement turns into legally binding, concluding the declare and offering the injured employee with monetary compensation for his or her everlasting partial incapacity. If negotiations fail to achieve a decision, the case could proceed to litigation, involving a proper listening to earlier than an administrative legislation decide.
Settlement negotiation represents an important juncture within the everlasting partial incapacity declare course of. Efficient negotiation can considerably impression the ultimate settlement quantity, influencing the injured employee’s monetary future. Understanding the intricacies of this course of, significantly the significance of authorized illustration and the components influencing negotiations, empowers injured staff to pursue honest and simply settlements throughout the framework of Washington State’s system.
7. Appeals Course of
Washington State’s everlasting partial incapacity settlement system incorporates an important appeals course of, offering a mechanism for resolving disputes associated to assert selections. This course of permits injured staff to problem determinations concerning eligibility, impairment scores, or the calculated settlement quantity. The appeals course of safeguards staff’ rights by providing recourse in opposition to doubtlessly unfair or inaccurate selections, making certain a good and equitable decision throughout the framework of the state’s rules.
A number of eventualities would possibly necessitate an enchantment. Disagreements over the assigned impairment ranking, maybe as a result of differing medical opinions, generally set off appeals. A employee would possibly consider their impairment is extra extreme than the assigned ranking, doubtlessly impacting their settlement quantity. Disputes may also come up concerning the calculation of misplaced wages, significantly regarding future misplaced incomes potential. Moreover, disputes could emerge regarding the preliminary eligibility dedication, for example, if the employer or insurer contests the connection between the damage and the office. In such instances, the appeals course of presents a proper channel for difficult these selections and presenting supporting proof. For instance, an injured employee would possibly enchantment a low impairment ranking by presenting extra medical documentation from an unbiased medical examination supporting the next ranking. Equally, a employee would possibly enchantment a denial of advantages by presenting proof demonstrating a transparent causal hyperlink between their damage and their office duties.
The appeals course of sometimes includes a number of levels. Initially, the employee should file a proper enchantment with the Board of Industrial Insurance coverage Appeals inside a specified timeframe. Subsequently, a listening to is scheduled earlier than an administrative legislation decide, the place each the employee and the employer/insurer can current proof and authorized arguments. The decide opinions the proof and points a choice. If both celebration disagrees with the decide’s choice, they will additional enchantment to the Industrial Insurance coverage Appeals Panel, and finally, to the Washington State Court docket of Appeals. This multi-tiered course of ensures thorough assessment and consideration of all related info, maximizing the potential for a simply end result. Efficiently navigating the appeals course of requires a transparent understanding of the state’s rules, deadlines, and evidentiary necessities. Authorized illustration considerably advantages staff throughout this course of, offering professional steerage and advocacy. The appeals course of performs an important function in sustaining the integrity and equity of Washington State’s everlasting partial incapacity settlement system, providing a crucial safeguard for injured staff and contributing to a extra equitable decision of disputes.
8. Vocational Rehabilitation
Vocational rehabilitation performs a major function within the context of everlasting partial incapacity settlements in Washington State. It serves as an important bridge between the injured employee’s present limitations and their potential future incomes capability. This connection immediately impacts settlement calculations, as vocational rehabilitation can mitigate future misplaced wages by equipping people with new abilities and facilitating a return to gainful employment, even with a everlasting impairment. For instance, a development employee who suffers a again damage stopping heavy lifting would possibly bear vocational retraining to turn out to be a constructing inspector, mitigating potential future earnings loss and consequently influencing the ultimate settlement quantity. This intervention reduces the monetary burden on the system and empowers people to regain financial independence.
The state of Washington emphasizes the significance of vocational rehabilitation in facilitating profitable return-to-work outcomes. The Division of Labor and Industries (L&I) presents varied vocational rehabilitation providers, together with vocational counseling, job coaching, job placement help, and labor market surveys. These providers goal to determine appropriate different employment choices based mostly on the person’s residual useful capability, transferable abilities, and labor market calls for. For example, L&I would help an injured workplace employee in buying pc programming abilities, opening up new profession paths and doubtlessly rising their incomes potential. A profitable vocational rehabilitation program not solely reduces the monetary burden on the system but in addition enhances the injured employee’s high quality of life by selling self-sufficiency and profession satisfaction. Nevertheless, the success of vocational rehabilitation is determined by varied components, together with the person’s motivation, the provision of appropriate coaching packages, and the general job market circumstances. Not all injured staff profit equally from vocational rehabilitation, and a few could face challenges find sustainable employment regardless of retraining efforts.
Understanding the connection between vocational rehabilitation and everlasting partial incapacity settlements is essential for all stakeholders concerned. For injured staff, taking part in vocational rehabilitation can mitigate future monetary losses and enhance long-term profession prospects. For employers and insurers, profitable vocational rehabilitation can cut back the general value of claims. For L&I, efficient vocational rehabilitation packages contribute to a extra sustainable and equitable staff’ compensation system. Challenges stay in making certain equitable entry to high quality vocational rehabilitation providers and addressing particular person circumstances which may hinder profitable return-to-work outcomes. Additional analysis and coverage growth are wanted to optimize the function of vocational rehabilitation throughout the broader context of everlasting partial incapacity settlements in Washington State. This optimization finally advantages each particular person staff and the long-term monetary stability of the system.
Ceaselessly Requested Questions
This part addresses widespread inquiries concerning everlasting partial incapacity settlements in Washington State. Understanding these key points is essential for navigating the complexities of the system.
Query 1: How is the financial worth of a everlasting partial incapacity settlement decided in Washington State?
Settlement calculations contain a posh method contemplating the impairment ranking, age, pre-injury wages, and potential future misplaced earnings. The character of the damage and its impression on the person’s skill to carry out job duties are additionally thought of.
Query 2: What’s the function of the Division of Labor and Industries (L&I) within the settlement course of?
L&I administers the state’s staff’ compensation system, overseeing declare processing, offering vocational rehabilitation providers, and adjudicating disputes via its administrative appeals course of. L&I ensures adherence to state rules and gives info and sources to each employers and injured staff.
Query 3: Can people negotiate their settlement immediately with their employer’s insurance coverage firm?
Whereas direct negotiation is permissible, authorized illustration is strongly beneficial. Attorneys specializing in staff’ compensation legislation present professional steerage, shield particular person rights, and advocate for honest settlements, making certain equitable illustration throughout negotiations with insurance coverage corporations.
Query 4: What occurs if a settlement supply is deemed unsatisfactory?
People have the correct to enchantment disputed selections, together with settlement presents. The appeals course of includes formal procedures, together with hearings earlier than administrative legislation judges and doubtlessly additional appeals to larger courts. Authorized counsel is crucial for successfully navigating the appeals course of.
Query 5: How does vocational rehabilitation issue into settlement calculations?
Profitable participation in vocational rehabilitation packages can mitigate potential future misplaced earnings. By buying new abilities and returning to gainful employment, people can cut back the monetary impression of their impairment, influencing the ultimate settlement calculation.
Query 6: The place can people discover dependable info and sources concerning everlasting partial incapacity settlements in Washington State?
The Washington State Division of Labor and Industries (L&I) web site gives complete info concerning staff’ compensation, together with everlasting partial incapacity claims. Consulting with an legal professional specializing in staff’ compensation legislation can be beneficial.
Understanding these key points of everlasting partial incapacity settlements empowers people to navigate the system successfully. Consulting with authorized counsel and using accessible sources, similar to these supplied by L&I, can additional improve the method.
Additional sections of this text will discover particular points of the settlement course of in better element, offering a complete understanding of everlasting partial incapacity claims in Washington State.
Ideas for Navigating Everlasting Partial Incapacity Settlements in Washington State
Navigating the complexities of everlasting partial incapacity settlements in Washington State requires cautious consideration and strategic planning. The next suggestions present beneficial steerage for people pursuing such claims.
Tip 1: Search Authorized Counsel Early
Consulting with an skilled staff’ compensation legal professional early within the course of is essential. Authorized counsel gives professional steerage concerning rights, tasks, and potential settlement outcomes. Early involvement permits for strategic planning and efficient illustration all through your entire course of.
Tip 2: Keep Meticulous Data
Thorough documentation is crucial. Keep detailed information of all medical therapies, bills, and misplaced wages. Organized information strengthen the declare and facilitate correct calculations of potential settlement quantities. This contains preserving copies of medical payments, physician’s notes, and pay stubs.
Tip 3: Perceive the Impairment Score System
The impairment ranking assigned by a doctor performs a major function in settlement calculations. Understanding how impairment scores are decided and the way they impression potential settlement outcomes is crucial for knowledgeable decision-making. Researching the American Medical Affiliation (AMA) Guides to the Analysis of Everlasting Impairment can present beneficial perception.
Tip 4: Take into account Vocational Rehabilitation Choices
Exploring vocational rehabilitation providers can mitigate future misplaced wages and enhance long-term profession prospects. Collaborating in retraining packages and buying new abilities can improve incomes potential and positively affect settlement negotiations.
Tip 5: Talk Successfully with L&I
Keep open communication with the Division of Labor and Industries (L&I). Well timed responses to requests for info and adherence to deadlines guarantee a clean and environment friendly claims course of. Make the most of L&I sources and search clarification when wanted.
Tip 6: Put together for Settlement Negotiations
Settlement negotiations require cautious preparation. Gathering supporting proof, understanding potential settlement ranges, and growing a transparent negotiation technique improve the chance of a positive end result. Take into account authorized counsel’s recommendation concerning negotiation ways.
Tip 7: Perceive the Appeals Course of
Familiarize oneself with the appeals course of in case of disputes. Figuring out the steps concerned, together with deadlines and evidentiary necessities, permits for well timed and efficient motion if a settlement supply is deemed unsatisfactory.
By adhering to those suggestions, people navigating the complexities of everlasting partial incapacity settlements in Washington State can improve their understanding of the method, shield their rights, and pursue honest and simply compensation. The potential advantages embody maximized monetary restoration, improved long-term profession prospects, and a better sense of management throughout a difficult time.
This text will now conclude with a abstract of key takeaways and sources for additional info.
Conclusion
Washington State’s system for addressing everlasting partial incapacity ensuing from office accidents presents a posh panorama. This text has explored key points of this method, together with the function of impairment scores, the calculation of misplaced wages, the significance of medical information, the importance of authorized counsel, the affect of state rules, the dynamics of settlement negotiation, the recourse supplied by the appeals course of, and the potential impression of vocational rehabilitation. Every aspect contributes to the ultimate dedication of a settlement, impacting the monetary well-being of injured staff and reflecting the state’s dedication to offering a security web for these affected by office accidents.
Efficiently navigating this method requires diligent preparation, thorough understanding of relevant rules, and entry to acceptable sources. Efficient advocacy and knowledgeable decision-making are important for securing honest and equitable outcomes. Because the panorama of labor and the character of office accidents proceed to evolve, ongoing assessment and refinement of those methods stay essential for making certain they adequately deal with the wants of injured staff and promote a simply and sustainable staff’ compensation system in Washington State.
