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State of Washington Classified Job Specification

INDUSTRIAL INSURANCE APPEALS JUDGE 3

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INDUSTRIAL INSURANCE APPEALS JUDGE 3
423C
Category: Legal Services

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.

Distinguishing Characteristics

This is the senior, specialist, or leadworker level of the series. Presides over pre-hearing conferences and hearings where evidence is presented, and issues written decisions resolving appeals filed under 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.

Typical Work

Convenes the original hearings, ensuring proper venue, jurisdiction, agreement between the parties as to the dispute issues, and ascertaining the readiness of the parties to proceed with the hearing on the merits; evaluates the testimony of lay and expert witnesses, including experts from medicine or other healing arts, psychology, vocational assessment and rehabilitation, engineering, occupational safety and health, and criminology; rules upon disputes as to the admissibility of testimony, documentary evidence, etc.; may also, on his/her own initiative, call additional witnesses in order to ensure a complete record;  

Issues a variety of orders in the disposition of any appeal; these orders include determinations of jurisdiction and proper venue, the scope of the relief sought during the pendency of the appeal, orders outlining the terms of the settlement of the case, dismissal of the appeal for lack of jurisdiction, for failure to present evidence when due, or upon motion of the appellant and proposed Decisions and orders; in issuing orders, the Industrial Appeals Judge 2 must explain the issues raised by the appeal and the decision reached;  

Assures that each order outlines the issues, discusses and evaluates the evidence, analyzes the applicable law, and contains findings of fact to address all of the issues raised in the appeal and corresponding conclusions of law; analyzes the remaining evidence to reach a decision, form findings of fact for each of the contested issues, research the substantive laws, and frame conclusions of law to meet the requirements of the law and to address the issues raised in the appeals;  

Ensures preservation of a clear and concise record of the respective positions, supporting offers of proof and legal authority, and the judges ruling in the dispute, so that the rights of further appeal based upon this record are protected; in ruling upon pre-hearing motions, must weigh the interests of the parties privacy, rights to discovery, and public policy, while ensuring to all a fair, complete, and impartial proceeding;  

Maintains and manages a caseload with a trial calendar of six to nine months; must manage the caseload to efficiently and effectively use the resources of the state, the Board of Industrial Insurance Appeals, and the parties; this requires hands-on management, constant review of each case, maintains as many as 100 cases involving complicated litigation and a number of different hearings;

May recommend specific and general training needs of entry-level Industrial Appeals Judges.

Legal Requirement(s)

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. 

Desirable Qualifications

Positions require active or judicial membership in the Washington State Bar Association; and three years of experience in trial practice or three years presiding over cases, following rules of evidence.

Class Specification History

New class effective June 1, 2005; Industrial Insurance Appeals Judge 3 (replaces 47194 Industrial Appeals Judge 2).
Base range salary adjustment adopted 6/30/2017, effective 7/1/2017.

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