Chavez v. Department of Labor & Industries

¶1 Louis Chavez appeals a superior court order affirming a Board of Industrial Insurance Appeals (Board) decision denying Chavez’s request for a modification of his worker’s compensation time-loss rate. It is undisputed that the rate, which was set forth in a 1998 Department of Labor and Industries (L&I) order, is erroneous as it did not include the amount of Chavez’s employer-provided health insurance. But because Chavez did not appeal the 1998 order, and because the erroneous calculation could have been raised in any such appeal, the Board and superior court correctly concluded that the…