WAC 296-15-270. 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 good faith and fair dealing duty manages the workers' compensation claim in a manner which demonstrates a greater concern for the self-insured employer's interest than the worker's interest, the SIE/TPA will be in violation of its duty to engage in good faith and fair dealing. Additionally, violation of the SIE/TPA duty to engage in good faith and fair dealing includes repeatedly engaging in any of the following actions with such frequency as to indicate a general business practice: (a) When requesting an interlocutory order pursuant to WAC 296-15-420 (2): Fails to provide a reasonable explanation for an interlocutory order, fails to exercise due diligence while investigating claim determination, and/or fails to provide provisional benefits as entitled during the interlocutory period. (b) Unreasonably delays or refuses to pay wage replacement benefits without a factual, legal, vocational, or medical basis. (c) Fails to ensure appropriate handling of claims pursuant to WAC 296-15-350 . (d) Fails to request claim denial or interlocutory order pursuant to WAC 296-15-420 within 60 days. (e) Fails to authorize medical care pursuant to WAC 296-15-330 or without factual, legal, or medical basis. (f) Fails to pay compensation pursuant to WAC 296-15-340 . (g) Fails to adhere to duties and performance requirements pursuant to WAC 296-15-550 . (h) Fails to provide a copy of the claim file in a timely manner pursuant to RCW 51.14.120 . (i) Fails to communicate with injured workers using department-developed templates pursuant to WAC 296-15-425 , including use of the templates in the workers preferred language. (j) Fails to notify the worker or beneficiary of their rights and obligations pursuant to WAC 296-15-400 , RCW 51.28.010 or 51.28.030 . (k) Requests the department issue an order denying the claim without a factual, legal, or medical basis. (l) Fails to provide a worker or beneficiary a SIF-2 or ability to file a claim pursuant to WAC 296-15-320 and 296-15-405 . (m) Fails to have claims managed by a certified claims administrator or trainee in accordance with WAC 296-15-350 (2). (n) Fails to forward an application to reopen a claim within five working days of receipt pursuant to WAC 296-15-470 . (o) Fails to 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 . (2) Errors or delays that are inadvertent or minor are not a violation of the duty of good faith and fair dealing.