Boeing Co. v. Doss

Summary

The Washington Supreme Court held that a self-insured employer is not entitled to second injury fund relief for a worker's postpension medical costs under RCW 51.16.120(1). The court concluded that the statute limits second injury fund relief to specified accident or pension costs and does not relieve a self-insured employer of responsibility for authorized postpension medical treatment. The court reversed the Court of Appeals.

Holdings

1. RCW 51.16.120(1) does not permit a self-insured employer to charge postpension medical treatment costs to the second injury fund. The provision applies only to accident costs associated with the pension reserve, not medical costs.
2. The term "only" limits the employer's contribution to the pension reserve to the workplace-related portion of the accident cost; it does not eliminate the employer's separate responsibility for authorized medical costs.
3. Medical costs' inclusion in calculations used to assess self-insured employers does not make those costs covered by the second injury fund under RCW 51.16.120(1), and denying such coverage to self-insured employers does not create an unfair greater burden.

Questions Presented

1. Whether RCW 51.16.120(1) permits a self-insured employer to charge a worker's postpension medical treatment costs to the second injury fund.
2. Whether the inclusion of medical costs in calculations used to assess self-insured employers for the second injury fund creates an entitlement to second injury fund relief for postpension medical treatment.
3. Whether denying a self-insured employer second injury fund relief for postpension medical costs creates an unfair disparity compared with state fund employers.

Disposition

reversed