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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1a
WAC 296 -15 -125 provides in full:
1) What is a default? A default occurs when a self -insured employer no longer
provides benefits to its injured workers in accordance with Title 51 of the Revised
Code of Washington. A default can be a voluntary action of the self-insured
employer,or an action brought on by the employer' s inability to pay the
obligation.

No. 43636 -1 - II

default occurs when a self -insured employer no longer provides benefits to its injured workers

in accordance with Title 51 of the Revised Code of Washington." Similarly, the language of

WAC 296 -15- 181( 1) contemplates default as encompassing a self -insured employer' s failure to

pay worker compensation benefits ( unless the default results from a " claims administration

19
decision").

2) What happens when the department first learns a self -insured employer has
defaulted on its obligation? The. department first corresponds with the self -
insured employer to determine if the self -insurer will resume the provision of
benefits. If the self insurer
- does not respond to the department and resume the
provision of benefits within ten days, the self -insured employer is determined to
have defaulted.
3) What happens when the department confirms that a self insurer
- has defaulted
on its obligation? There are two actions that the department takes when a default

by a self insured
- employer is confirmed:
a) First, the department assumes jurisdiction of the claims of the
defaulting self -insurer and begins to provide benefits to those injured
workers.