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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provisions, and the statutory scheme as a " whole." State v. Engel, 166 Wn.2d 572, 578, 210 P. 3d

1007 ( 2009).

B. Reference to Other Statutory and Regulatory Language

Because the Act does not define " default," we look to other statutory provisions for

guidance. . For example, the Act describes what happens after a self insured
- employer

15 16 (
defaults " on " any obligation under this title." RCW 51. 14. 060( l ) emphasis added). Use of

the phrase " any obligation under this title" shows the legislature' s intent to encompass within

default" a self -insured employer' s failure to pay injured workers' compensation benefits and

industrial . insurance assessments, one of several obligations listed under the Act.17

Consistent with this conclusion, Dellen cites WAC 296 -15 -181 and WAC 296 -15- 121( 1)

as addressing specific instances when a default results from a self -insured employer' s failure to

pay workers' compensation benefits. WAC 296 -15- 125( 1), 18 for example, provides that a

15
As an alternative to defaulting under RCW 51. 14. 060, an employer may " terminate" its self -
insured status under RCW 51. 14. 050. As we explain later in this analysis, Dellen did not elect
this option.

16
The legislature amended RCW 51. 14. 060 in 2010. LAWS of 2010, ch. 213, § 2. The

amendments did not alter the statute in any way relevant to this case; accordingly, we cite the
current version of the statute.

17 " Default" can also encompass, for example, a self -insured employer' s failure to meet its other
legal obligations under chapter RCW 51. 14, such as its duty to maintain records ( RCW

51. 14. 110), its duty to maintain an insolvency trust ( RCW 51. 14. 077), and its special duties after
termination of self -insured employer status ( WAC 296 -15- 121( 8)).