September 2007
LEGAL ISSUES UPDATE
There have been a number of odd and interesting legal decisions of late concerning workers’ compensation and safety issues. The following is a list of the topics covered, and a link to the court decisions. None of the cases listed below have dissenting opinions.
Please be sure to share this within your organization, and with your legal representation, so that they are aware of the cases percolating in the system!
Also, please note that these cases only remain at the Administrator of the Courts website for 90 days following the decision.
You can find the cases after that at the Municipal Research and Services Center website at http://srch.mrsc.org:8080/wacourts/template.htm;jsessionid=014DCC1506AAAFAF592256610B7EF8D3?view=main
PROVISION OF INTERPRETER SERVICES
This case overturns prior Board of Industrial Insurance Appeals and Court decisions instructing that the Department or self-insurers are only obligated to provide interpreter services directly related to the claim processing, and not the appeal. The consolidated cases argue, and King County Superior Court agreed, that workers should have their interpreter costs related to communications with attorneys (and others) paid by the State Fund or self-insured employer. The Washington Court of Appeals Division I will be holding oral arguments on these cases, most likely at the end of October. WSIA will be filing amici briefs in support of current practice.
57445-1-I - Kustura v. DLI
58200-3-I - Mestrovac v. DLI and BIIA
ASBESTOS EXPOSURE NOTIFICATION
The Washington Supreme Court overturned the Court of Appeals decision which would have held employers accountable for not notifying unions, let alone the workers directly, for a declaration of bankruptcy related to discharge of asbestos obligations. Another in a series of cases by the trial bar to expand tort liability for work-related asbestos exposure.
Aug. 9, 2007 - 78774-3 - Herring v. Texaco, Inc.
http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=787743MAJ
WRONGFUL DEATH SUITS - STATUTE OF LIMITATIONS PRESERVED
This case deals with the filing of a wrongful death suit, for a worker that died of lymphoma. The worker may have been exposed to chemicals during the conduct of his employment. The Washington Supreme Court ruled that the statute of limitations had expired for the surviving beneficiary to file suit in this case, and the Superior Court's dismissal of the case was proper.
Aug. 30, 2007 - 80034-1 - Atchison v. Great W. Malting Co.
http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=800341MAJ
HEARING LOSS TOLLING OF BENEFITS
This case argues that hearing loss is not “progressive,” therefore benefits should be calculated based on the more recent date of manifestation, not the original date of manifestation. This implies that each successive hearing loss claim, or further degradation of hearing, should be awarded at the new benefits level. The Washington Supreme Court will decide on October 2, 2007 on whether or not to accept this case for review.
May. 01, 2006 - 55902-8 - HARRY VS DEPARTMENT OF LABOR & INDUSTRIES
FIREFIGHTERS – COVERAGE AND ABIILITY TO SUE
This case argues that firefighters are covered under LEOFF II, should receive workers’ compensation benefits, and should be able to sue their employer under LEOFF II. The Washington Supreme Court accepted review, and oral arguments were heard on June 26, 2007. A decision will likely be issued in the spring or summer of next year.
Jun. 19, 2006 - 55256-2 - Kevin Locke, Respondent v. City of Seattle, Appellant
as of 9/10/2007
