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Department of Labor and Industries v. Estate of David E. MacMillan8/8/1991
This case is a consolidated appeal concerning whether the beneficiaries' claims for benefits under the Industrial Insurance Act (the Act) were timely filed. Two trial courts reached different results. After appeals were filed in separate divisions of the Court of Appeals, Mrs. MacMillan and Mrs. Aalmo (the Beneficiaries) moved for transfer to and consolidation in this court. We
granted the motion, pursuant to RAP 4.2(a)(4). We find both claims were timely filed.
I
The facts in each case are essentially the same, except for the results reached in the trial courts. David E. MacMillan and Christopher Aalmo both died from lung disease contracted as a result of exposure to asbestos in the workplace. Their widows sought death benefits under the Industrial Insurance Act, RCW Title 51.
David MacMillan died in August 1984. In October 1984, Mrs. MacMillan received a letter from the attending physician informing her that David died from lung cancer. The letter also informed her that David had "severe fibrosis of his lungs relating to previous asbestos exposure." MacMillan Clerk's Papers, at 84. In 1986, she received another letter from this same physician which stated: "Many families have made requests for compensation based on previous exposure to asbestos." MacMillan Clerk's Papers, at 85. Mrs. MacMillan filed a claim in June 1987, almost 3 years after the death of her husband but within 1 year of receiving this letter.
Christopher Aalmo also died in August 1984. Mrs. Aalmo filed her claim in August 1987, 3 years after her husband's death. The attending physician stated he did not recall informing Mr. Aalmo that his lung disease was occupationally related. Nor did he recall informing Mrs. Aalmo that her husband's death was occupationally related and that she had a right to file for benefits under the Act.
The Department of Labor and Industries (Department) denied each claim on the ground it was not filed within the 2-year statute of limitations under RCW 51.28.055. Each widow appealed to the Board of Industrial Insurance Appeals (Board). In both cases, the Board ruled the claims had been timely filed, reversed the Department's
decisions, and allowed the claims. The Department then sought judicial review.
In Department of Labor and Industries v. MacMillan, the King County Superior Court, on a summary judgment motion, ruled in favor of the Department, reversing the Board and reinstating the Department's denial of the claim. Mrs. MacMillan appealed to Division One of the Court of Appeals. In Department of Labor and Industries v. Aalmo, the Pierce County Superior Court, also on summary judgment motion, ruled in favor of Mrs. Aalmo, and affirmed the Board. The Department appealed to Division Two of the Court of Appeals.
Mrs. MacMillan and Mrs. Aalmo then moved for transfer to and consolidation in this court and we granted review.
II
The issue presented is whether RCW 51.28.055 requires a beneficiary seeking benefits for a worker 's death from an occupational disease to file a claim within 2 years of the date of death, regardless of whether the worker or the beneficiary ever received notice of the right to file a claim.
RCW 51.28.055 provides:
Claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician: (1) Of the existence of his or her occupational disease, and (2) that a claim for disability benefits may be filed
Page 1 2 3 4 5 Washington Personal Injury Attorneys
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