State of Washington Classified Job Specification
INDUSTRIAL INSURANCE APPEALS JUDGE 4
Class Series Concept
This series presides over pre-hearing conferences and hearings where evidence is presented and written decisions are issued on appeals filed with the Board of Industrial Insurance Appeals. Appeals may fall under the following program areas; the Industrial Insurance Act, Crime Victims Compensation Act, Washington Industrial Safety and Health Act, Health and Safety-Asbestos Act, Safety-Crime Prevention Act (Late Night Retail Establishments), Charter Boat Safety Act, Washington State Explosives Act, Worker and Community Right to Know Act, and other Acts as determined by the Legislature.
This is the expert level of the series. Reviews written proposed decisions and orders of Industrial Appeals Judges, recommends action to the Board on cases submitted for review, conducts mediation and settlement conferences and drafts final orders for signature of the Board.
Directs the parties in open and informal discussion of the issues raised by the particular appeal; assists each party in clarifying its positions, and encourages settlement whenever possible;
Conducts mediation conferences in appeals involving matters of industrial insurance, industrial safety and health, and crime victim compensation; presents procedural facts to parties to establish the jurisdiction of the Board; coordinates negotiations among the parties to encourage settlement, providing expertise in the areas of law involved;
During mediation, obtains stipulations of fact from the parties; rules on preliminary legal motions and issues orders affecting the process of the appeal; schedules and arranges agreed upon independent medical examinations and issues orders based on the resulting medical reports and opinions;
Based on agreements reached during mediation conferences, prepares orders for the signature of the Board which determine the issues presented and resolve the appeal or, if no agreement is reached, sets forth the issues to be contested and prepares the paperwork necessary to forward the case for hearing;
Reviews transcripts and records of cases where a Petition for Review has been filed by one or more parties contesting a decision issued by an Industrial Appeals Judge; examines the petition or petitions to determine the basis of the petitioners request for review; reads the entire record and researches basis of the petitioners request for review and the law applicable to the issue raised on appeal;
Reviews evidentiary and procedural rulings of the Industrial Appeals Judge; analyzes the testimony of lay and expert witnesses; analyzes and evaluates the offered exhibits; weighs all the evidence presented by all parties to ascertain where the preponderance of evidence lies;
Evaluates the Industrial Appeals Judges application of the law to the evidence, and correctness of the resulting order contained in the Proposed Decision and Order;
Provides a written recommendation to the Board that the Petition for Review be granted or denied, setting forth the reasons for the recommendation;
Composes a formal legal opinion for appeals in which review has been granted which includes a background of the case, a statement as to the legal issues presented, an analysis of the evidence, together with the statute and case law which supports the results reached; prepares findings of fact and conclusions of law on all contested issues; prepares dissenting opinions for various members of the Board;
Serves as an advisor to the Board regarding legal policy and operating practices;
Recommends specific and general training needs of individual Industrial Appeals Judges; Conducts hearings pursuant to special assignment on highly sensitive, complex cases of first impression such as those impacting an industry (forest products, air-frame construction) highly unionized, multi-employer cases, cases with a potentially high monetary impact (hundreds of thousands of dollars), and cases for which no legal precedent has been established.
There may be instances where individual positions must have additional licenses or certification. It is the employer’s responsibility to ensure the appropriate licenses/certifications are obtained for each position.
Positions require active or judicial membership in the Washington State Bar Association and; four years of experience in trial practice or four years presiding over cases, following rules of evidence.
Class Specification History
New class effective June 1, 2005; Industrial Insurance Appeals Judge 4 (replaces 47196 Industrial Appeals Judge 3).
Base range salary adjustment adopted 6/30/2017, effective 7/1/2017.