Legal Opinion

Andersen v. Department of Labor & Industries

Court of Appeals of Washington

Decided November 9, 1998No. 39626-9-IPublishedCited by 4 opinions

1Opinion of the CourtBaker, J.

As part of the Department of Labor and Industries’ (Department) authority and duty to administer the claims of injured workers, the Department may require workers to attend special medical examinations. It is the duty of workers to submit to such examinations. If a worker fails or refuses to appear as directed, the Department may suspend the worker’s benefits, unless the worker has good cause for not appearing. We reject Raquel Andersen’s attempts to force the Department to first establish the reasonableness of its decision to schedule an examination. Under RCW 51.32.110(2), the burden of…

2Cases cited3 opinions

  1. Leschi Improvement Council v. Washington State Highway CommissionWashington Supreme Court · 1974
  2. Preston Mill Co. v. Department of Labor & IndustriesWashington Supreme Court · 1954
  3. Garcia v. Department of Labor & IndustriesCourt of Appeals of Washington · 1997

3Cited by4 opinions

  1. Eldina Novalic, V. Peacehealth Sw Wa Medical CenterCourt of Appeals of Washington · 2024
  2. Justin M. Pollard v. Dep't Of Labor & Indus.Court of Appeals of Washington · 2018
  3. State v. PadillaNew Mexico Court of Appeals · 2010
  4. Terry Longland v. William Scotsman & Department Of Labor & IndustriesCourt of Appeals of Washington · 2020

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