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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b) Second, the department makes demand upon the surety provided by
that self insurer
- for the full amount of the surety. The proceeds of the
surety are deposited with the department and accrue interest, which will be
used to supplement the surety in providing benefits to those injured
workers.

4) What happens to a self insured
- employer' s certification when it defaults? The

employer surrenders its insurance
self - Any
certification when it defaults.
remaining employment in the state would need industrial insurance coverage
through the state fund effective with the default by the employer.
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WAC 296 -15- 181( 1) provides:
When a [ insurer]
self - stops paying workers' compensation benefits or
assessments, and the default is not due to a claims administration decision, the
department will take over its surety and claim.
Emphasis added).

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No. 43636 -1 - II

We also look to other jurisdictions' workers' compensation statutes that define " default"

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by self -insured employers. Like Washington' s Act, Mississippi' s workers' compensation act,

for example, allows employers to self insure.
- See MISS. CODE ANN. § 71 - 3 - 151 to - 181. A self-

insurer in Mississippi " defaults" when it fails to fulfill any of its multiple legal obligations under

Mississippi' s Act, including its workers' compensation benefits: