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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Furthermore, again contrary to Dellen' s assertions, Dellen did have meaningful notice

and an opportunity to be heard. By virtue of the language of the Act and Dellen' s

communications with the Department, Dellen had, at a minimum, constructive notice that a self-

insured employer' s " default" results in forfeiture of its surety: When Dellen contacted the .

Department to inquire how the Department could take over administration of Dellen' s workers'

compensation claims, the Department told Dellen this could happen if Dellen " defaulted," which

Dellen then elected to do so. AT at 44. In addition, the consequences of a self -insured

34;
employer' s default are plainly stated in RCW 51. 14. 020( 2) and it is well settled that a person

is presumed to know the law such that ignorance of the law is not a. defense. 35 Harman v. Dep' t

of Labor & Indus., 111 Wn. App. 920, 927, 47 P. 3d 169 ( 2002). And this statutory notice was

reasonably calculated as a matter of law to "` apprise interested parties "' 36 about the default and

surety forfeiture procedures under the Act.

34
As Wilkinson later explained in his declaration, Dellen defaulted and, under RCW
51. 14. 020( 2), such a defaulting self -insurer loses its right and title to its surety.

35
We note that Dellen was not an unsophisticated entity: To qualify as a self insured
- employer
it had to show that it had the financial capacity to insure
self - its employees. See RCW
51. 14. 020( 1).

36 See Speelman, 167 Wn. App. at 631 ( quoting Jones, 547 U. S. at 226).

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No. 43636 -1 - II

Moreover, during Dellen' s 2005 bankruptcy proceeding, Wilkinson provided a