Andrew R. Ahrens v. Department Of Labor And Industries
48390-4
| Wash. Ct. App. | Mar 14, 2017Background
- Ahrens injured his knee at work in 2012; the Department issued multiple orders in July 2013 addressing (1) responsibility for a lumbar sprain (March 18, corrected July 3), (2) wage rate at time of injury (July 5), and other benefit adjustments.
- Ahrens sent an August 27, 2013 protest letter that expressly challenged only the July 3 and March 18 orders concerning the lumbar sprain and attached those orders.
- The Department reconsidered and affirmed the lumbar sprain decision in October 2013 and refused to reconsider the July 5 wage-rate order as untimely protested.
- Ahrens later sent an October 15, 2013 letter complaining the Department had not acted on the July 5 wage order; the Department briefly issued (and then withdrew) a January 6, 2014 revised wage order.
- The Board and superior court granted summary judgment for the Department, holding Ahrens failed to timely protest the July 5, 2013 wage-rate order; Ahrens appealed to the Court of Appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ahrens timely protested the July 5, 2013 wage-rate order | August 27 letter (and October 15 letter and Dept. actions) put Dept. on notice to reconsider the July 5 wage order | August 27 letter referenced only July 3 and March 18 orders about the lumbar sprain; no timely written protest of July 5 order | Court held no genuine issue: August 27 protest did not reasonably notify Dept. about the July 5 wage order, so protest was untimely |
Key Cases Cited
- Stelter v. Dep’t of Labor & Indus., 147 Wn.2d 702 (2002) (standards for judicial review of Board decisions under the Industrial Insurance Act)
- Our Lady of Lourdes Hosp. v. Franklin County, 120 Wn.2d 439 (1993) (appellate review principles cited for scope of review)
- Walston v. Boeing Co., 181 Wn.2d 391 (2014) (summary judgment standard)
- Hendrickson v. Tender Care Animal Hosp. Corp., 176 Wn. App. 757 (2013) (nonmoving party cannot rely on speculation to defeat summary judgment)
- Seven Gables Corp. v. MGM/UA Entm’t Co., 106 Wn.2d 1 (1986) (requirement that speculation does not defeat summary judgment)
- Johnson v. Weyerhaeuser Co., 134 Wn.2d 795 (1998) (record on appeal limited to evidence presented to Board)
- Cowiche Canyon Conservancy v. Bosley, 118 Wn.2d 801 (1992) (appellate briefing rules and preservation of issues)