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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An employer who elects to terminate its self -insured status under RCW 51. 14. 050 must

nevertheless continue to fulfill ongoing statutory obligations under the Act, such as ( 1)

maintaining money, securities, or surety bonds the Department deems sufficient to cover the

employer' s entire liability under RCW 51. 14. 050( 2); ( 2) paying benefits on injured worker

claims incurred during its preceding period of self -insurance; ( 3) filing quarterly and annual

reports, unless the employer requests and receives release from such reporting requirements; ( 4)

paying insolvency trust assessments for three years after terminating its self -insurer status; and

25
In contrast, termination would not have allowed the Department to take over Dellen' s claims.
See WAC 296 -15- 121( 8). Nor did Dellen meet the basic statutory requirements for filing a
notice of termination. RCW 51. 14. 050( 1). As the superior court noted, and Dellen conceded,
Dellen did not provide written notice stating that in not less than 30 days, the termination of its
self -insurer status would be effective:
THE COURT:] But you didn' t give the [ Department] director written notice
stating when, not less than 30 days thereafter, such terminations would be
effective.

DELLEN' S COUNSEL:] We did not say " 30 days" in the letter.
RP ( Mar. 30, 2012) at 28.

26 That Dellen later claimed to have misunderstood or to have had a different intent than that
which it stated in this letter does not undermine the superior court' s or the Board' s findings.

E
             

No. 43636 -1 - II

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5) paying all expenses for a final audit of its self -insurance program. WAC 296 -15- 121( 8).