McCaulley v. Dep't of Labor & Indus. of Wash.

424 P.3d 221
CourtCourt of Appeals of Washington
DecidedJune 25, 2018
DocketNo. 76259-1-I
StatusPublished
Cited by5 cases

This text of 424 P.3d 221 (McCaulley v. Dep't of Labor & Indus. of Wash.) 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
McCaulley v. Dep't of Labor & Indus. of Wash., 424 P.3d 221 (Wash. Ct. App. 2018).

Opinion

Schindler, J.

¶ 1 In 2007, the legislature enacted a pilot program for vocational rehabilitation and training of injured workers. LAWS OF 2007, ch. 72, § 2; RCW 51.32.099. After a vocational rehabilitation plan is approved, the worker can elect to participate, Option 1, or decide not to participate, Option 2.1 If a worker elects Option 2, the worker "is not entitled to further temporary total, or to permanent total, disability benefits except upon a showing of a worsening in the condition or conditions accepted under the claim such that claim closure is not appropriate."2 Danny McCaulley elected Option 2. The Board of Industrial Insurance Appeals ruled as a matter of law McCaulley is not entitled to permanent total disability or temporary total disability benefits absent showing the condition has worsened. On appeal, the superior court affirmed. We affirm the superior court.

Worker's Compensation Benefits

¶ 2 Under the Industrial Insurance Act (IIA), Title 51 RCW, a worker injured in the course of employment is entitled to compensation. RCW 51.32.010 ; Tobin v. Dep't of Labor & Indus., 145 Wash. App. 607, 613, 187 P.3d 780 (2008). A worker with a "permanent partial disability" receives a one-time award of benefits based on the loss of function. RCW 51.32.080. A worker with a "permanent total disability" receives a certain percentage of his or her wages as a monthly payment, or "pension" benefits. RCW 51.32.060 ; McIndoe v. Dep't of Labor & Indus., 144 Wash.2d 252, 257, 26 P.3d 903 (2001). A worker with a "temporary total disability" receives "time loss" benefits as a wage replacement benefit while the worker is temporarily incapacitated from performing work at gainful employment. RCW 51.32.090 ; Hubbard v. Dep't of Labor & Indus., 140 Wash.2d 35, 43, 992 P.2d 1002 (2000).

Vocational Rehabilitation Program

¶ 3 In 2007, the legislature adopted RCW 51.32.099. LAWS OF 2007, ch. 72, § 2. RCW 51.32.099 is a pilot program designed "to create improved vocational outcomes for Washington state injured workers and employers." RCW 51.32.099(1)(a). The purpose of the pilot program is to permit injured workers to return to work.

This pilot vocational system is intended to allow opportunities for eligible workers to participate in meaningful retraining in high-demand occupations, improve successful return to work and achieve positive outcomes for workers, reduce the incidence of repeat vocational services, increase accountability and responsibility, and improve cost predictability.

RCW 51.32.099(1)(a). The legislature directed the Department of Labor and Industries (Department) to implement the pilot program. RCW 51.32.099(1)(b).

*223¶ 4 When an injured worker files a claim, the Department must determine whether "vocational rehabilitation is both necessary and likely to make the worker employable at gainful employment." RCW 51.32.099(2)(b). If the Department makes that determination, the worker is referred to a vocational professional to develop a vocational rehabilitation plan. RCW 51.32.099(1)(b)(i). The Department must "review and approve the vocational plan." RCW 51.32.099(4)(a). If approved, the worker must elect either to participate in the plan, "Option 1," or not participate, "Option 2." RCW 51.32.099(4)(a), (b).

¶ 5 The decision to elect Option 2 means "[t]he worker declines further vocational services under the claim and receives an amount equal to six months of temporary total disability compensation under RCW 51.32.090." RCW 51.32.099(4)(b). The vocational funds set aside under RCW 51.32.099(3)(d) remain available to the worker for five years. RCW 51.32.099(4)(b). The Department "must issue an order as provided in RCW 51.52.050 confirming the option 2 election, setting a payment schedule, and terminating temporary total disability benefits effective the date of the order confirming that election." RCW 51.32.099(4)(b).3

¶ 6 After issuing the order confirming the election of Option 2, the Department "must thereafter close the claim." RCW 51.32.099(4)(b).

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Cite This Page — Counsel Stack

Bluebook (online)
424 P.3d 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccaulley-v-dept-of-labor-indus-of-wash-washctapp-2018.