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ARRIAGA v. DEPARTMENT OF LABOR & INDUSTRIES

No. 32287-4-III.

335 P.3d 977 (2014)

Mario ARRIAGA, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Respondent.

Court of Appeals of Washington, Division 3.

September 30, 2014.

Attorney(s) appearing for the Case

Dorian Druce Nilsson Whitford , Vail/Cross & Associates, Tacoma, WA, for Appellant.

Kay Allison Germiat , Office of the Attorney General-Tacoma, Tacoma, WA, for Respondent.

LAWRENCE-BERREY, J.

¶ 1 When a final industrial insurance order, decision, or award is based upon a medical determination, a physician is deemed an interested party. In such a case, the Department of Labor and Industries (Department) must provide notice of the order, decision, or award both to the physician and the claimant. Failure to provide notice tolls the 60-day appeal period. At issue here is whether a segregation order was communicated to a claimant's...

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