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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therefore, lost all right and title to, any interest in, and any right to control its surety; ( 2) Dellen

had defaulted under WAC 296 -15 -125; and ( 3) Dellen did not comply with WAC 296 -15- 121( 8)

requirements for " terminating" its self -insurer worker' s compensation program. The Board also

affirmed the Department' s September 19, 2008 order:

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No. 43636 -1 - II

Dellen petitioned the superior court to review the Board' s decision. The superior court

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made the following oral rulings: ( 1) "`[ D] efaulf.. " under RCW 51. 14. 020( 2) means failure to

fulfill a legal obligation, a broader definition than a self-insured employer' s failure to pay claims;

2) Dellen defaulted on January 18, 200212, when it submitted the letter electing to default and

asking the Department to assume administration of worker compensation payments to injured

Dellen employees; ( 3) nevertheless, Dellen did not terminate its self -insurer status under RCW

51. 14. 050 because it did not comply with the statute' s self -insurer notice of termination

requirements and other obligations13; and ( 4) Dellen was entitled to a hearing on whether there

had been a default, but after that hearing and a determination of default, there was no due process

issue.

The superior court also affirmed the Board' s September 18, 2008 order, entering the

following findings of fact:

1. 2 On December 31, 2001, Dellen [ surrendered] its self -insurance certification
because it was no longer a Washington employer and ceased to have any
employees.