HeadsUp for Washington State: Court Opinions From Tuesday, February 25, 2014

Tuesday, February 25, 2014 


To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.


Division Two of the Court of Appeals filed 1 new published opinion and Division Three filed no new opinions on Tuesday, February 25, 2014:

Dellen Wood Prods., Inc. v. Dep't of Labor & Indus. 
No. 43636-1
(February 25, 2014)
2014 Wash. App. LEXIS 434 (lexis.com)

2014 Wash. App. LEXIS 434 (Lexis Advance)

Areas: EMPLOYMENT LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW

Brief: As used in RCW 51.14.020 of the Industrial Insurance Act, “default” means a self-insured employer's failure to satisfy any of its multiple legal obligations under the Act, not solely its failure to satisfy its single obligation to pay workers' compensation benefits. Further, substantial evidence supports the superior court's ruling that (1) the employer defaulted as a self-insured employer when it stopped paying industrial insurance to its injured workers, ceased administering its injured workers' claims, turned over its claim files to the Department of Labor and Industries to administer, failed to file required reports, and failed to pay industrial insurance assessments; (2) the employer has no right to recoup the remaining surety funds deposited with the Department; and (3) the Department did not violate the employer's procedural due process rights because the employer had (a) no property interest in the proceeds of its surety and (b) appropriate notice and an opportunity to be heard.

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