Wash. Admin. Code § 296-15-272 - When intentional behavior is deemed a violation of the duty of good faith and fair dealing
(1) If a
self-insured employer (SIE) or third-party administrator (TPA) subject to the
duty of good faith and fair dealing intentionally engages in any of the
following actions, the SIE/TPA is in violation of its duty to engage in good
faith and fair dealing if it fails to:
(a)
Provide a worker or beneficiary a SIF-2 or ability to file a claim pursuant to
WAC 296-15-320 and
296-15-405, with the intent to
interfere with the worker's ability to pursue benefits under Title 51
RCW.
(b) Forward an application to
reopen a claim within five working days of receipt pursuant to WAC
296-15-470, with the intent to
interfere with the worker's ability to reopen a claim or pursuing further
benefits.
(c) Forward a protest or
appeal to the department within five working days of receipt pursuant to
RCW
51.14.120(2) and WAC
296-15-480, with the intent to
interfere with the worker's ability to pursue a request for reconsideration,
appeal, or further benefits.
(2) It is a violation of the duty to engage
in good faith and fair dealing to coerce a worker to accept less than the
compensation due under Title 51 RCW.
(3) Errors or delays that are inadvertent or
minor are not a violation of the duty of good faith and fair dealing.
Notes
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