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)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2043636-1-II%20%20Published%20Opinion.pdf ↗

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fees of $200 and interest from the date of the judgment' s entry. Dellen appeals.

ANALYSIS

Dellen argues that ( 1) the Board and the superior court erred in misinterpreting " default"

for purposes of the self -insured employer portions of Washington' s Industrial Insurance Act; and

2) Dellen did not " default" for purposes of RCW 51. 14. 020( 2)( a), under which a defaulting self-

insured employer loses all right to the surety it provided (to secure its financial obligations to its

injured employees) when the self insured
- employer turns over administration of its injured

employees' claims to the Department. Br. of Appellant at 14, 20. We disagree. Although

default" under RCW 51. 14. 020 includes a self insured
- employer' s failure to pay workers'

compensation benefits and assessments, this is not the only obligation for which a self -insured

employer' s failure to satisfy will result in default under the Act. We affirm the superior court' s

rulings that Dellen defaulted and that the Department did not violate Dellen' s due process rights

in retaining the surety fund after Dellen defaulted.

No. 43636 -1 - II

I. " DEFAULT" UNDER THE INDUSTRIAL INSURANCE ACT

Dellen argues that the Board and the superior court erred in interpreting " default" for

purposes of RCW 51. 14. 020( 2)( a) as occurring when a self -insured employer stops paying

workers' compensation benefits or assessments. Br. of Appellant at 18. We disagree.

Act14

Both parties agree that Washington' s Industrial Insurance does not define " default."

They cite no case law expressly providing a definition. Thus, the definition of " default" for