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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not take over the employer' s injured workers' benefits claims. Instead, the former self -insured

employer remains responsible for managing claims for its employees' injuries that occurred

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In connection with the Department' s taking over administration of a former self -insured
employer' s injured workers' benefits claims, RCW 51. 14. 020( 2) expressly provides that such a
defaulting self -insured employer loses all rights and title to its surety fund.

No. 43636 -1 - II

when it was self insured;
- the employer can pay a third party administrator to manage these
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claims or continue to maintain staff to manage these claims. RCW 51. 14. 03024; WAC 296 -15-

121( 8). To qualify as a " termination" under RCW 51. 14. 050, a self -insured employer must

provide written notice of "termination" to the Department:

Any employer may at any time terminate his or her status as a self -insurer by
giving the [ Department] director written notice stating when, not less than thirty
days thereafter, such termination shall be effective, provided such termination
shall not be effective until the employer either shall have ceased to be an
employer or shall have filed with the director for state industrial insurance
coverage under this title.

RCW 51. 14. 050( 1). But Dellen' s January 2002 letter said nothing about " terminating" its status

as insurer, as
a self - the statute requires if it was electing termination. Instead, Dellen' s letter

expressly stated that it elected to " default ":