WR Enterprises, Inc. v. Department of Labor & Industries

147 Wash. 2d 213
CourtWashington Supreme Court
DecidedSeptember 5, 2002
DocketNo. 70377-9
StatusPublished
Cited by16 cases

This text of 147 Wash. 2d 213 (WR Enterprises, Inc. v. Department of Labor & Industries) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
WR Enterprises, Inc. v. Department of Labor & Industries, 147 Wash. 2d 213 (Wash. 2002).

Opinions

Madsen, J.

— WR Enterprises, Inc., (WRE) brought suit against the Department of Labor and Industries (Department) alleging four causes of action, two of which are the subject of this appeal. In the two relevant claims, WRE alleges (1) that the Department’s method for setting premium rates for worker’s compensation insurance exceeds its statutory authority under RCW 51.16.035 and decisions from this court, and (2) that the supplemental pension fund rate exceeds the statutory authority of RCW 51.32.073. The trial court granted summary judgment to the Department and WRE appeals that ruling. We affirm the trial court.

FACTS

WRE is a Washington corporation engaged in the business of referring temporary housekeeping help to homeowners. A dispute arose between WRE and the Department regarding whether WRE was required to pay industrial insurance premiums for its housekeepers and the amount of any premiums owing. WRE filed this complaint for declaratory judgment, damages, and an injunction against [216]*216the Department. Among other things, WRE sought an order from the trial court declaring that the Department’s industrial rate-setting procedure violates RCW 51.16.035 and is contrary to this court’s decisions in Washington State School Directors Association v. Department of Labor & Industries, 82 Wn.2d 367, 510 P.2d 818 (1973) and Pan Pacific Trading Corp. v. Department of Labor & Industries, 88 Wn.2d 347, 560 P.2d 1141 (1977). WRE also sought an order declaring that the flat rate premium that the Department charges as a supplement to the accident fund to provide supplemental pension payments exceeds the Department’s authority under RCW 51.32.073.

WRE moved for summary judgment on these claims. The trial court heard argument and initially granted WRE’s motion relating to the calculation of premiums paid to the accident and medical aid funds and denied its motion regarding the Department’s calculation of premiums paid to the supplemental pension fund. Subsequent to this ruling the trial court also entered an order and findings of fact and conclusions of law.1

The Department moved for reconsideration and the court reversed its previous decision, holding that the Department had properly calculated accident and medical aid fund premiums. This appeal followed.

ANALYSIS

The benefits injured workers receive under the Industrial Insurance Act are paid from three state funds: the medical aid, accident, and supplemental pension funds.2 The accident fund pays benefits to workers who were injured on the job or to the worker’s family or dependents if the worker [217]*217dies. Chapter 51.32 RCW. The medical aid fund covers medical treatment received by injured workers. RCW 51.04.030. The supplemental pension fund pays cost-of-living increases to workers with total and permanent disability and to the families or dependents of workers who have died. RCW 51.32.073, .075. The medical aid, accident, and supplemental pension funds are supported by the premiums collected from employers by the Department.

The parties have stipulated to the following facts respecting the history of premium rate-setting for the accident and medical aid fund:

(1) [T]he Department [of Labor and Industries] was formed in 1911 to administer the newly adopted industrial insurance [act] for the State of Washington.
(2) Under the terms of the [Act], all hazardous industries operating in the state were segregated into classes by industry with varying degree [s] of hazard.
(3) The Act provided compensation to workers injured on the job regardless of fault.
(4) A fund was established, the “accident fund”, which was to fund these benefits.
(5) To provide the necessary revenue, a premium rate was established for each class which was paid by employers for their workers.
(6) Under the act the legislature directed that each class be self-sufficient and be required to meet the cost of all accidents occurring in that class.
(7) No class was to be liable for depletion of the accident fund for losses from accidents occurring in any other class.
(8) [T]he Department was directed to adjust the premium rate for each class as may be necessary from time to time to allow the class to cover the costs of its accidents plus its share of the general expense of administration.
(9) In 1917 the Act was amended to include a medical aid fund which, like the accident fund, was funded by each separate independent class with premiums governed solely by the claims from that class.
[218]*218(12) However, during the past 20 years, the Department changed its rate-setting procedure and now sets premiums for both funds based upon the performance of all classifications statewide and not solely upon the performance of the individual classification or subclassification.
(13) This has resulted in some employers and classifications paying excess premiums to cover losses suffered by classifications other than their own.
(14) The Department believes that it received authority to make this change from RCW 51.16.035 adopted in 1971.
(15) The 1971 amendment expanded coverage of the Act to include nearly all industries including non-hazardous occupations.

Clerk’s Papers (CP) at 334-35.

The first issue WRE raises is whether the current rate-setting formula for determining accident and medical aid fund insurance premiums violates the Industrial Insurance Act, specifically RCW 51.16.035, and decisions of this court interpreting that provision. RCW 51.16.035 governs the process by which the Department must set its premium rates.3 The interpretation of this statute is a question of law. State v. Keller, 143 Wn.2d 267, 276, 19 P.3d 1030 (2001).

The portion of RCW 51.16.035

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147 Wash. 2d 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wr-enterprises-inc-v-department-of-labor-industries-wash-2002.