Department Of Labor & Industries, Appellant V. Ellen Wright, Respondent

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v. 	) 	UNPUBLISHED OPINION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.
___ 	aWE CONCUR: 	—
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