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)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2043636-1-II%20%20Published%20Opinion.pdf ↗

Related Parts of This Source

Full Text

1,614 chars

The record supports the superior court' s findings that Dellen failed to meet these

obligations for termination of self -insurance status.

a. Failure to continue paying workers' compensation benefits

Under WAC 296- 15- 121( 8)( a), an employer that terminates its self -insured status must

pay benefits on already pending workers' compensation claims incurred during its period of self-

insurance and administer workers' claim re- openings and new claims filed during the period of
21
self-insurance. WAC 296- 15- 121( 8)( a). Dellen asserts it continued to provide for payment of

27
WAC 296 -15- 121( 8) provides that when " a self insurer ends its self insured workers'
compensation program," such " former" insured employer " must
self - continue to do all of the
following ":
a) Pay benefits on claims incurred during its period of self insurance. Claim re-
openings and new claims filed for occupational diseases incurred during the
period of self insurance remain the obligation of the former self insurer.
b) File quarterly and annual reports as long as quarterly reporting is required. A
former self insurer may ask the department to release it from quarterly reporting
after it has had no claim activity with the exception of pension or death benefits
for a full year.
c) Provide surety at the department required level. The department may require
an increase in surety based on annual reports as they continue to be filed. Surety
will not be reduced from the last required level ( while self insured) until three full
calendar years after A bond may be cancelled for
the certificate was terminated.