Malang v. DEPARTMENT OF L&I

162 P.3d 450
CourtCourt of Appeals of Washington
DecidedJuly 17, 2007
Docket34504-8-II
StatusPublished
Cited by35 cases

This text of 162 P.3d 450 (Malang v. DEPARTMENT OF L&I) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Malang v. DEPARTMENT OF L&I, 162 P.3d 450 (Wash. Ct. App. 2007).

Opinion

162 P.3d 450 (2007)

Crystal E. MALANG, Respondent,
v.
DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Appellant.

No. 34504-8-II.

Court of Appeals of Washington, Division 2.

July 17, 2007.

*452 Terry James Barnett, Tacoma, WA, for Respondent.

Barbara Noel Bailey, Attorney Generals Office, Tacoma, WA, for Appellant.

HOUGHTON, C.J.

¶ 1 The Department of Labor and Industries (L & I) appeals from an order reversing its calculation of Crystal Malang's wages. The plain language of RCW 51.08.178(1) provides that "wages" are remuneration from an employer. Further, RCW 51.08.070(1), .180(1) and .195 provide tests to determine whether Crescent Realty, Inc. or Malang's sole proprietorship is her employer. Because the Board of Industrial Insurance Appeals *453 (BIIA) determined that she was her own employer without reference to the statutory requirements, we affirm in part, reverse in part, and remand to the L & I to determine whether Malang or Crescent is her employer and to recalculate her wages accordingly.

FACTS

¶ 2 Malang is a real estate agent associated with Crescent as an independent contractor. By agreement, she and Crescent split commissions she earns from real estate sales and listings after Crescent deducts brokerage expenses and transaction fees. She operates as a sole proprietorship and incurs business expenses that she reports to the IRS as deductions.

¶ 3 In November 2001, Malang suffered a work-related injury and filed a claim for benefits under her optional industrial insurance.[1] To calculate her wages,[2] L & I deducted the business expenses she declared in her 2001 federal tax return and the brokerage fees from her total commissions, arriving at total yearly wages of $53,283.[3]

¶ 4 Malang appealed the order, arguing that L & I should calculate her wages from her total commissions without deducting brokerage fees or business expenses. The industrial appeals judge (IAJ) concluded that L & I's method of calculating her wages was correct but remanded to recalculate her monthly wage based on commissions and expenses incurred over a 12-month period. The BIIA agreed, concluding that the correct way to calculate her wages was by dividing her net business income by the number of months worked in 2001.[4]

¶ 5 Malang appealed the decision to the superior court and moved for summary judgment, arguing that the BIIA erred in deducting her itemized business expenses from her total commissions to calculate her wages. The superior court granted her motion, ruling that L & I lacked statutory authority to deduct expenses necessary for the production of her wages. Accordingly, the superior court ordered L & I to calculate her benefits based on the total commissions that she earned in 2001. L & I now appeals.

ANALYSIS

¶ 6 The parties dispute the meaning of the term "wages" as applied to an independent contractor and sole proprietor who works on a commission basis. L & I contends that Malang's wages equal her net income, categorizing her commissions as gross receipts and deducting her necessary business expenses to arrive at her take-home pay. She responds that "wages" means gross earnings under the statute's language and deducting business expenses from her total commissions exceeds L & I's statutory authority. This issue is one of first impression.

¶ 7 In reviewing a BIIA decision under the Industrial Insurance Act (IIA), the superior court considers the issues de novo, relying on the certified board record. Watson v. Dep't of Labor & Indus., 133 Wash. App. 903, 909, 138 P.3d 177 (2006). The superior court's ruling is subject to the ordinary rules governing civil appeals. RCW 51.52.140; Romo v. Dep't of Labor & Indus., 92 Wash.App. 348, 353, 962 P.2d 844 (1998). The appellate court reviews the superior court's grant of summary judgment de novo to determine whether the evidence shows "`that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'" *454 Romo, 92 Wash.App. at 354, 962 P.2d 844 (quoting CR 56(c)).

¶ 8 The meaning of the term "wages" as applied to a sole proprietor requires interpreting RCW 51.08.178 and is therefore a question of law that we review de novo. Rose v. Dep't of Labor & Indus., 57 Wash.App. 751, 757, 790 P.2d 201 (1990). Although L & I's interpretation of the IIA is not binding, we give it deference. Doty v. The Town of South Prairie, 155 Wash.2d 527, 537, 120 P.3d 941 (2005). But deference is inappropriate if the agency's interpretation conflicts with its statutory directive. Cockle v. Dep't of Labor & Indus., 142 Wash.2d 801, 812, 16 P.3d 583 (2001).

¶ 9 Our goal in interpreting a statutory term is to carry out the legislature's intent, giving meaningful effect to its chosen language. Doty, 155 Wash.2d at 533, 120 P.3d 941. The legislature has directed us to construe the terms of the IIA liberally, bearing in mind its purpose of compensating all workers injured in the course of their employment and resolving any doubts in the worker's favor. Cockle, 142 Wash.2d at 811, 16 P.3d 583 (citing RCW 51.12.010).

¶ 10 Despite inclusion in a chapter entitled "Definitions," RCW 51.08.178 does not define the term "wages." See Doty, 155 Wash.2d at 541, 120 P.3d 941 ("The IIA sets forth in detail how wages are calculated but does not definitively establish a definition of what constitutes `wages.'"). Instead, that section establishes monthly wages as the basis for time-loss compensation and sets forth several ways to compute them:

(1) For the purposes of this title, the monthly wages the worker was receiving from all employment at the time of injury shall be the basis upon which compensation is computed unless otherwise provided specifically in the statute concerned. In cases where the worker's wages are not fixed by the month, they shall be determined by multiplying the daily wage the worker was receiving at the time of the injury:
. . . .

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Cite This Page — Counsel Stack

Bluebook (online)
162 P.3d 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malang-v-department-of-li-washctapp-2007.