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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Self-insurer in default" means an individual self -insurer or a group self -insurer
as defined by this chapter that has defaulted or failed for any reason to satisfy any
of its obligations under the Workers' Compensation Law, including, without
limitation, all obligations for payment of indemnity compensation, disability,
expenses of medical, hospital, surgical, rehabilitation and other services, death
benefits and funeral expenses, whether such default or failure is the result of
insolvency or bankruptcy or receivership or otherwise.

MISS. CODE ANN. § 71- 3- 157( f) (
emphasis added). Other states such as Virginia, Georgia,

Louisiana, and South Dakota have similarly adopted broad interpretations of " default" to

encompass a self -insured employer' s failure to comply with various enumerated obligations

under their respective workers' compensation acts, including failure to pay injured employees

workers' compensation benefits. See GA. CODE ANN. § 34 -9 -381; LA. REv. STAT. ANN. §

23: 1168. 3; S. D. CODIFIED LAWS § 62 -5 - 10; W. VA. CODE § 5A- 3- 10a( 3). ,

Considering Washington' s statutory scheme as a whole, the related WAC provisions, and

other jurisdictions' analogous statutes, we hold that a self -insured employer' s " default" under

Washington' s Industrial Insurance Act encompasses a self -insured employer' s failure to satisfy

any of its multiple legal obligations under the Act, not solely its failure to pay workers'

compensation benefits and assessments.

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In addressing an issue of first impression, we may look to other jurisdictions for guidance. See
In re Dependency of M.J.L., 124 Wn. App. 36, 40, 96 P. 3d 996 ( 2004).

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No. 43636 -1 - II