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ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Supreme Court: No Second Injury Fund Relief for Post-Pension Treatment

Boeing v. DLI

Here, the worker was exposed to some chemicals through the course of her career. She had a leg injury previously, but the combination of the leg injury and asthma from the exposure made her permanently disabled and she was awarded a pension. Boeing did not want to pay for any treatment caused by the exposure after the pension was awarded. You can imagine how that went down.

Self-insured employers are generally responsible for all disability and medical costs associated with their workers' compensation claims. See RCW 51.08.173 (defining "self-insurer"); WAC 296-15-330 (describing self-insured employers' authorization requirements for medical care). . . . 

In most circumstances, a pensioned worker is not entitled to continued medical benefits. RCW 51.36.010(4). However, the Department may authorize medical treatment for previously accepted conditions, including life-sustaining treatment. Id. This medical treatment results in postpension medical costs, so called because they are not part of the total cost of the pension reserve, which, as explained, is based on an annuity that estimates future wage replacement benefits. See RCW 51.44.070(1 ). . . . 

Because the second injury fund is limited to accident costs, Boeing is not entitled to second injury fund relief for medical costs under RCW 51.16.120(1). RCW 51.44.040, which expressly limits charges to the second injury fund to two statutes, does not discuss medical costs at all. The relevant statute, RCW 51.16.120(1), also does not consider medical costs. There is simply no statute that supports Boeing's position that medical treatment costs must be paid from the second injury fund, and neither RCW 51.44.040 nor RCW 51.16.120(1) relieve Boeing of its duty as a selfinsured employer to cover all costs associated with a worker's claim. 

The attorneys at Issaquah Legal Services can help you navigate the world of the Department of Labor and Industries. If you need help learning your obligations under DLI’s provisions, contact us today.

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