Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1981 NO. 19 > Jul 24 1981

When the Department of Labor and Industries pays temporary total disability (time loss) benefits to an industrial insurance claimant pursuant to RCW 51.32.210 prior to entry of an order, and then subsequently rejects the claim, the department is not entitled to recover back those time loss benefits in the absence of some clerical error, misrepresentation or fraud.

AGLO 1981 NO. 19 > Jul 24 1981

When the Department of Labor and Industries pays temporary total disability (time loss) benefits to an industrial insurance claimant pursuant to RCW 51.32.210 prior to entry of an order, and then subsequently rejects the claim, the department is not entitled to recover back those time loss benefits in the absence of some clerical error, misrepresentation or fraud.

AGLO 1973 NO. 21 > Feb 2 1973

The department of labor and industries has the authority to certify an employer as a self-insurer under chapter 51.14 RCW of the industrial insurance act where the employer has retained an independent service organization to assist it in managing its industrial insurance matters.

AGO 1984 NO. 22 > Aug 31 1984

The provisions of Wash. Const., Art. XXIX, § 1 (Amendment 49) do not cover the investment of money in the state industrial insurance accident, medical aid and reserve funds so as to permit the investment of those funds in corporate stock pursuant to legislative authorization, notwithstanding the provisions of Wash. Const., Art. XII, § 9.

AGO 1967 NO. 26 > Jul 10 1967

(1) Where a county has entered into a contract with a contractor for the performance of work by employees of the contractor which comes within the provisions of the industrial insurance (workmen's compensation) laws, the county is liable to the state of Washington for collection and remittance of monies due to both the industrial insurance accident fund and the industrial insurance medical aid fund on account of such work. (2) Where a county issues a construction building permit in violation of the provisions of chapter 20, Laws of 1965, Ex. Sess., (RCW 51.12.070) the county itself is not subject to a criminal penalty; however, if the violation is wilful, the county employee issuing the permit may be prosecuted for commission of a misdemeanor under RCW 42.20.100; in addition, the county may be liable to the state for resulting unpaid industrial insurance premiums depending upon the facts of a particular case.

AGO 1951 NO. 29 > Apr 30 1951

The Department of Labor and Industries may employ a physician and surgeon to assist in administering medical aid, and such physician and surgeon may be paid from the medical aid fund.

AGLO 1980 NO. 32 > Nov 18 1980

Neither RCW 41.26.130(4) nor anything contained in the state Industrial Insurance Act preclude a Plan I LEOFF member who is on disability leave because of injuries sustained in the performance of some other employment from simultaneously receiving a disability leave allowance under RCW 41.26.120 and workers' compensation benefits in accordance with Title 51 RCW.

AGLO 1973 NO. 62 > Jun 1 1973

Referees, umpires, other athletic officials, ticket sellers, ticket takers, parking lot attendants and others who are employed by school districts or their student body organizations to work at interscholastic and other athletic events conducted by such districts are not excluded from the coverage of the Industrial Insurance Act by RCW 51.12.030 (3).

AGO 1951 NO. 110 > Aug 28 1951

All amounts received as monthly pensions from the Department of Labor & Industries, including increases pursuant to statute, are to be deducted from the State Patrol's disability award, and the most practical and lawful means of recovering overpayments is to deduct a small amount each month from the officer's award until the overpayments are made up.

AGO 1960 NO. 128 > Jun 28 1960

RCW 51.32.040 providing that no money payable out of the workmen's compensation accident fund shall, before the issuance and delivery of the warrant therefor, be capable of being attached, does not prevent levies from being made on awards from the fund by the United States pursuant to 26 U.S.C.A. 6321 for unpaid federal income taxes.

Pages