Wash. Court of Appeals published opinion — D2 43636-1-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 43636-1-II Published Opinion.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2043636-1-II%20%20Published%20Opinion.pdf ↗

Related Parts of This Source

Full Text

1,783 chars

defaulted as a self -insured employer when it stopped paying industrial insurance to its injured

workers, ceased administering its injured workers' claims, turned over its claim files to the

Department to administer, failed to file required reports, and failed to pay industrial insurance

assessments; ( 2) Dellen has no right to recoup the remaining surety funds deposited with the

Department; and ( 3) the Department did not violate Dellen' s procedural due process rights

because Dellen had ( a) no property interest in the proceeds of its surety and ( b) appropriate

notice and an opportunity to be heard. We affirm.

FACTS

Beginning in 1986, Dellen Wood Products, Inc., operated as a self -insured employer

under the Industrial Insurance Act; Dellen backed its obligation to pay its worker compensation

claims directly to its injured employees with a surety in an escrow account. In December 2001,

4
As we explain later, we do not address Dellen' s equity argument, which it improperly raises for
the first time in its reply brief.

5 The Industrial Insurance Act allows a self -insured employer to provide workers' compensation
benefits directly to its injured workers in the same manner that the Department would pay if the
employer had instead paid insurance funds to the Department. To qualify as a self insured
-
employer under the Act ( and to relieve itself from the normal obligation to pay industrial

insurance funds to the Department), the employer must demonstrate that it has sufficient
financial ability to pay its workers' compensation claims. RCW 51. 14. 020( 1).

No. 43636 -1 - II

Dellen ceased operations, sold its manufacturing equipment, and terminated its employees.