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. 8 Dellen defaulted on its self -insurance obligations including the payment of
benefits to its injured workers, the administration of its claims, the filing of
required reports and the payment of self -insured assessments.

1. 9 Dellen had appropriate notice and the right to be heard during the appeal
process before the Board.

1. 10 Dellen had no property interest in the proceeds of its surety upon default.

1. 11 Dellen failed to establish that the Department' s actions violated Dellen' s
Due Process rights.

1. 12 The Dep[ artment] did not give Dellen notice of default or failure to pay any
assessment.

1. 1 [ 3] While Dellen was not delinquent in payment of any benefit, assessment, or
contribution as of Jan[ uary] 18, 2002, Dellen intended to default on payments

coming due in the future.

CP at 87 -88.

The superior court also entered the following conclusions of law:

2. 2 Dellen defaulted on its self -insured obligations, including the payment of
benefits to its injured workers, the administration of its claims, the filing of
required reports and the payment of self insured
- assessments.

2. 3 Pursuant to RCW 51. 14. 020( 2), Dellen lost all right, title to, any interest in
and any right to control the surety.

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No. 43636 -1 - II

2. 4 The Board' s May 16, 20011 [sic] Decision and Order is correct for the reasons
stated herein and affirmed.

2. 5 Dellen was not barred from arguing that the Department violated Dellen' s
Due Process Rights.

2. 6 The Department did not violate Dellen' s Due Process rights.

2. 8 The September 18, 2008 Department order is correct and is affirmed.

CPat88.

The superior court entered judgment for the Department and awarded it statutory attorney