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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purposes of RCW 51. 14. 020 is an issue of first impression in Washington.

A. Standard of Review

We review issues of statutory construction de novo, with the primary goal of carrying out

legislative intent. Cockle v. Dep' t of Labor & Indus., 142 Wn.2d 801, 807, 16 P. 3d 583 ( 2001).

The legislative intent of Title 51 RCW, the Industrial Insurance Act, is to provide " sure and

certain relief for workers ... injured in their work." RCW 51. 04. 010. We do not construe an

unambiguous statute where plain words do not require construction. Davis v. Dept ofLicensing,

137 Wn.2d 957, 963, 977 P. 2d 554 ( 1999). Instead, we discern a statute' s plain meaning from

the ordinary meaning of the language at issue, the context of the statutory provision, related

14 A worker injured during the course of employment may file a claim for benefits under
Washington' s Industrial Insurance Act. Either the State or a self insured
- employer administers
the injured worker' s claim. RCW 51. 14. 020,. 030; ch. 296 -15 WAC. An employer has a duty to
secure the payment of its injured workers' compensation by ( 1) insuring the payment of benefits
from the State fund; or ( 2) qualifying as a self -insurer under Title 51 RCW. RCW 51. 14. 010.
To qualify as a self -insured employer, an employer must first establish that it has sufficient
financial ability to pay workers' compensation benefits and assessments under the Act. RCW
51. 14. 020( 1).
The Department can require a self -insured employer to provide a surety in an
amount sufficient to ensure payment of reasonably foreseeable compensation and assessments
for the employer' s injured workers. RCW 51. 14. 020( 2).

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