Received a Reopening Application? Do Not Miss the Deemed-Granted Deadline
By Alex M. Musicant, Attorney at Law
Deadlines matter in Washington workers’ compensation law, and few are more unforgiving than the 90-day clock on reopening applications.
When a worker files a reopening application, the Department will deem the application granted if no denial order is issued within 90 days. The Department may extend its time to act by 60 days for good cause. However, if the decision-making period expires without a denial order, reopening is allowed by default.
Once reopening is deemed granted, any challenge must proceed through the Board of Industrial Insurance Appeals. The Board addressed this issue in its 2013 Significant Decision, In re Raymond Belden, BIIA Dec. 12 14005 (2013).
In Belden, the Department issued a March 16, 2012 order denying a reopening application on the basis that the medical evidence did not show worsening. The issue was timing. The denial came approximately seven months after the Department received the application. In the interim, the Department initially allowed reopening, placed the claim in abeyance, and then reversed course.
The Board held the delay was dispositive. Under RCW 51.32.160(1)(d), a reopening application is deemed granted if it is not denied within 90 days. That requirement operates alongside RCW 51.52.060(4)(b)(ii), which limits how long the Department may hold an order in abeyance. The Board concluded these provisions run concurrently, and that an abeyance order does not extend the deadline for issuing a denial.
In practical terms, if the Department does not issue a denial within the 90-day window, reopening is automatically deemed granted. That result cannot be undone at the Department level. At that point, the employer’s only remedy is through the Board.
The takeaway is straightforward. Track the 90-day deadline closely. If it passes without a denial, the opportunity to resolve the issue at the Department is gone, and the dispute moves to a more costly and time-consuming forum.
Please feel free to reach out to our firm if you have any questions.