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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1. 3 On January 18, 2002, Dellen' s Chief Financial Officer, Eugene Olsen, sent a
letter to the Department indicating that Dellen elected to default on its payment of
claims under the self -insured program and requested the Department to take over
the administration of its claims.

10
Report of Proceedings ( RP) ( Mar. 30, 2012) at 57.

11
RCW 51. 14. 020( 2)( a) provides in pertinent part: " In the event of default the self -insurer loses
all right and title to, any interest in, and any right to control the surety." ( Emphasis added).

12
See n. 8: The superior court says, " January 18, 2001 letter," in its oral ruling. But as we noted
earlier, the letter contained a typographical error and should have read, " January 18, 2002."

13
RCW 51. 14. 050 provides the mechanism for terminating self insurer
- status as follows: " Any
employer may at any time terminate his or her status as a self insurer
- by giving the director
written notice." ( Emphasis added).

No. 43636 -1 - II

1. 4 On January 31, 2002, Dellen stopped paying industrial insurance benefits to
its injured workers and no longer administered its injured workers claims.

1. 5 Dellen turned over its claim files to the Department for administration and
payment of benefits. Dellen made no further payments or handled its claims after
turning the claims over to the Department.

1. 6 Since January 18, 2002, Dellen had not filed annual and quarterly reports as
required by Title 51 RCW and Department rules.

1. 7. Since January 18, 2002, Dellen has failed to pay assessments for the
insolvency trust fund, administrative assessments, supplement pension fund, and
the asbestosis fund.