Advisory Opinion: 1480

Year Issued: 1992

RPC(s):

Subject: Scope of representation; workers compensation claim

The Committee reviewed your inquiry regarding your duty to a client in pursuing a worker's compensation claim before the Board of Industrial Insurance Appeals. The specific issue is whether, after your client had submitted to an "agreed examination" by a physician which raises new matters not directly addressed by the appeal, you have an ethical duty to advocate for the injured worker and pursue any matters raised by the physician. The Committee was of the opinion that whether or not the worker's attorney was entitled to pursue any issues raised by the examining physician is primarily a question of law involving interpretation of the agreement of the parties. Provided that the worker's attorney acts in good faith in an effort to exercise his or her client's legal rights, the lawyer is unlikely to run afoul of any ethical rule.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.