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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Per our discussion, this letter is to notify the Department that Dellen Wood
Products, Inc, elects to default on its payment of claims under the self insured
program and requests that the Department take over administration of the claims.

AR at 111 ( emphasis added). Dellen argues that it used the word " default" only because the

Department instructed it to default. Br. of Appellant at 20. But substantial evidence supports the

superior court' s contrary finding of Dellen' s intent to default: Dellen called the Department in

2001 and asked whether the Department could take over administration of Dellen' s injured

employee claims. The Department responded saying that to take over administration of these

23 Unlike a default, termination of self insured
- status does not result in the employer' s automatic
loss of right and title to its surety fund. WAC 296 -15- 121( 9); RCW 51. 14. 020( 2).

24
The legislature amended RCW 51. 14. 030 in 2005. LAWS of 2005, ch. 1145, § 3. The

amendments did not alter the statute in any way relevant to. this case; accordingly, we cite the
current version of the statute.

No. 43636 -1 - II

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claims, Dellen would have to default . Given that the only way for the Department to take over

a former self -insured employer' s worker' s compensation claims is if the employer defaults under

chapter 51. 14 RCW, Dellen' s only option under the law to accomplish his request was to default.

Consistent with the law and the Department' s advice, Dellen expressly elected to default in its
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January 2002 letter.

2. Dellen did not " terminate" its self -insured employer status under RCW 51. 14. 050