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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superior court erred in finding that it defaulted, based on Dellen' s failing to file annual or

quarterly reports, because, Dellen asserts, no applicable statute or regulation defines " default" as

a failure to file reports. Br. of Appellant at 25. This argument also fails.

Dellen concedes that it did not file quarterly and annual reports with the Department;

again, Dellen asserts that the Department told it not to do so. The record does not support this

assertion. Instead, the record shows that the Department did not notify Dellen to continue filing

reports because Dellen had sent the Department a letter electing to default and asking the

Department to take over administration of Dellen' s workers' compensation benefit payments;

accordingly, the Department understood Dellen to be in default status, for which continued
29
reporting was not required .

29 In contrast, had Dellen not elected to default, and had elected instead to terminate its self -
insured status, the Department would have sent a notice of late reporting.

No. 43636 -1 - II

Furthermore, WAC 296- 15- 121( 8)( b) provides that the Department may release an

employer terminating its self insured
- status from its reporting requirement when no activity

occurs for a full year on any of the employer' s injured worker claims. Dellen' s last injured

employee claim activity occurred in 2004; thus, if Dellen had terminated its self insured
- status

instead of defaulting), it would have been required to file quarterly reports until 2005.

Accordingly, Dellen' s failure to file such reports ( 1) would have constituted a failure to comply