Department Of Labor & Industries v. Ellen Wright

IN THE COURT OF APPEALS FOR THE STATE OF WASHINGTON

DEPARTMENT OF LABOR & ) No. 80090-6-I
INDUSTRIES, )
) DIVISION ONE
Appellant, )
v. ) UNPUBLISHED OPINION
)
ELLEN WRIGHT, )
Respondent. ) FILED: February 18, 2020
_______________________________________________________________________________________ )
ANDRUS, J. — The Department of Labor and Industries (Department)

appeals a superior court ruling that employer Holly Ridge Center, Inc. is entitled to

wage reimbursement under RCW 51.32.090’s Stay-at-Work Program after

obtaining retroactive medical approval of the description of the light duty job it

offered to its injured employee, Ellen Wright.

This court addressed the identical issue in Department of Labor and

Industries v. Briseno, No. 79395-1-I (VVash. Ct. App. Feb. 18, 2020). There, we

determined that the statute is ambiguous and looked to the legislative history of

the Stay-at-Work Program to discern the legislature’s intent. We concluded that in

light of the legislature’s stated goals, RCW 51.32.090 does not render an employer

ineligible for wage reimbursement if it obtains retroactive approval of a specific light

duty job description, as long as the injured employee has been medically released

to perform light duty work before he or she begins that work.
No. 80090-6-1/2

Here, Wright’s medical providers released her to perform light duty work, if

available, with restrictions. Wright began working a light duty job consistent with

these restrictions shortly thereafter. Because it is undisputed that Holly Ridge

Center obtained retroactive medical approval of a written specific job description

of the light duty work Wright had been offered and had been performing and

because Wright had been medically released to perform light duty work before she

began the work, we affirm the trial court’s order directing the Department to

reimburse Holly Ridge Center.

Affirmed.

WE CONCUR:
___
—a
4 ~-
9 / //
F

-2-