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State of Washington Classified Job Specification

INDUSTRIAL INSURANCE APPEALS JUDGE 1

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INDUSTRIAL INSURANCE APPEALS JUDGE 1
423A
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 entry level of the series. Positions at this level handle the more routine and standardized appeals while learning the complexity factors of the more difficult cases.

Typical Work

Presides over pre-hearing conferences and hearings, and drafts and issues written decisions resolving appeals arising out of the Industrial Insurance Act, Crime Victims Compensation Act, and the Washington Industrial Safety & Health Act; the judges’ written decisions include discussion of the evidence and issues, findings of fact, and conclusions of law; in addition to ruling on evidentiary and procedural matters, issues subpoenas and may, if necessary, initiate disciplinary action against the parties’ representatives;  

At conferences, directs the parties in open and informal discussion of the issues raised by that particular appeal; assists each party in clarifying its positions, and encourages settlement whenever possible; if settlement is reached, reviews the case and the supporting record for legal and factual sufficiency, drafts the agreement in proper format, and prepares the agreement for the Board’s signature; in those cases in which a settlement is not reached, the Industrial Appeals Judge 1 sets the case for future proceedings, including the hearings for evidentiary and procedural motions pursuant to the Superior Courts Civil Rules, and hearings for taking evidence on the jurisdictional issues and the issues raised in the Notice of Appeal;  

Applies Superior Court Rules of Evidence to rule upon disputes as to the admissibility of testimony, documentary evidence, etc., at the hearings; must be familiar enough with issues and applicable legal principles of the particular case to question witnesses in order to complete the record; on his/her own initiative, calls 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.

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 two years of experience in trial practice or two years presiding over cases, following rules of evidence.

Class Specification History

New class effective June 1, 2005; Industrial Insurance Appeals Judge 1 (replaces 47192 Industrial Appeals Judge 1).

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