IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
- DIVISION ONE
DEPARTMENT OF LABOR ) No. 78030-1-1
AND INDUSTRIES OF THE STATE OF)
WASHINGTON, )
)
Appellant, )
) UNPUBLISHED OPINION
v. )
)
RONALD V. MA'AE, )
)
Respondent. ) FILED: April 1, 2019
SCHINDLER, J. — The Department of Labor and Industries (Department) appeals
the superior court order affirming the decision and order of the Board of Industrial
Insurance Appeals (BlIA).1 The BHA reversed the decision of the Department to deny
the application of Ronald V. Ma'ae to reopen his industrial injury claim because he did
not submit medical documentation from a Department network provider as required
under the 2012 amendment to WAC 296-14-400. WASH. Si. REG. 12-06-066 (effective
January 1, 2013). The BHA concluded the statute establishing a health care provider
network, RCW 51.36.010, and the statute that allows a worker to reopen a claim for
aggravation, RCW 51.32.160, do not limit a worker from filing an application to reopen
1 The facts are fully set forth in Ma'ae v. Department of Labor & Industries, No. 77737-8-1 (Wash.
Ct. App. Apr. 1, 2019), http://www.courts.wa.gov/ opinions/.
No. 78030-1-1/2
with medical documentation only from a Department network provider. The BHA
remanded to the Department to consider the medical documentation submitted by a
doctor who is not a member of the provider network.
In Ma'ae, No. 77737-8-1, we held promulgating the amendment to WAC 296-14-
400 exceeded the authority of the Department and is invalid. Accordingly, we affirm the
superior court order. Upon compliance with RAP 18.1, Ma'ae is entitled to an award of
attorney fees and costs under RCW 51.52.130.
y
WE CONCUR:
2