Cockle: Importing Health Benefits Into Wages-an Invitation for Legislative Review of the Wage Definition Under Washington's Industrial Insurance Act
Publication year | 2001 |
Introduction
Every day workers suffer work-related injuries or illnesses. Since the early twentieth century, society has compensated injured workers through the workers' compensation system.(fn2) As part of their compensation, workers receive wage-replacement benefits for disabilities, medical expenses, and vocational rehabilitation.(fn3) The amount of benefits received by a worker is based upon the worker's wages at the time of injury.(fn4)
Like most states, Washington has a complicated workers' compensation statute, the Industrial Insurance Act (IIA),(fn5) which sets forth a formula for calculating wages. IIA defines "wages" as monetary payment in addition to the value of "board, housing, fuel, or consideration of like nature" to those items.(fn6) The phrase "other consideration of like nature" has been the subject of much litigation regarding the intent of Washington's Legislature (Legislature). The Washington Supreme Court recently interpreted this phrase in
By including employer-provided health insurance in IIA's definition of "wages," the
This Note addresses the efficacy of construing the term "wages" in RCW 51.08.178 to include employer-provided health insurance, hoping to serve as a resource for the Legislature to reevaluate IIA's wage definition in light of
I. Washington's Industrial Insurance Act
Enacted in 1911,(fn12) IIA is the result of careful balancing between business and labor interests.(fn13) Workers receive guaranteed limited compensation for work-related injuries on a "no-fault" basis, while employers provide statutorily prescribed benefits in order to be released from civil liability under the "exclusive remedy" doctrine.(fn14) IIA is liberally construed to give effect to its remedial purpose of minimizing work-related suffering and economic loss.(fn15)
As part of its wage-replacement scheme, IIA grants "time-loss benefits" to a worker who suffers temporary total disability due to an industrial injury.(fn16) The amount of payment for time-loss benefits depends upon the worker's marital status, number of dependents, and monthly wages.(fn17) Payments continue until a physician releases the temporarily disabled worker for any kind of gainful employment, or until the worker's claim is closed.(fn18) If the worker's earning capacity is only partially restored after returning to gainful employment, the worker becomes eligible for "loss of earning power benefits."(fn19) Time-loss and loss of earning power benefits are intended to reflect a worker's "lost earning capacity,"(fn20) and monthly payments are capped at the applicable percentage of the state's average monthly wage.(fn21)
Although funding sources are different, every employer has a duty to secure time-loss benefits payment.(fn22) Those not self-insured employers(fn23) pay premiums into the State Industrial Insurance Fund(fn24) (State Fund) based upon the degree of hazard involved in their occupation.(fn25) The Department of Labor and Industries (Department) then makes the appropriate amount of payment to the injured worker. In comparison, "self-insured" employers pay for benefits out of their own assets and may reinsure up to 80% of their liability.(fn26)
II. Approaches to Defining Wages
The definition of "wages" is an important component of workers' compensation statutes because the amount of benefits received by a worker is based upon the worker's wages at the time of injury. There is a variety of wage definitions. Most statutes define "wages" to refleet a worker's "actual earnings."(fn27) However, there is a split of authority regarding whether wages encompass fringe benefits such as employer-provided health insurance.(fn28)
The leading federal case is the decision of the United States Supreme Court in
Based upon its interpretation of the "wages" clause, the Court held that employer contributions to union trust funds for health and welfare, pensions, and training were not wages for the purpose of calculating compensation benefits under LHWCA.(fn32)
The
The
The Court further noted that LHWCA uses the concept of "wages" in several ways.(fn39) Therefore, to maintain consistency throughout LHWCA, the expanded concept of "wages" would have to be adopted in calculating the "national average weekly wage," which forms the basis for arriving at the overall maximum weekly benefit figure.(fn40) The Court, however, found that this calculation would be extremely difficult.(fn41)
Finally, the
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