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How Much Time to Does a State Have to Implement a State Supreme Court Decision

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  • 10-05-2010, 11:50 AM
    nite_riderusa
    How Much Time to Does a State Have to Implement a State Supreme Court Decision
    My question involves workers compensation law for the state of: Washington State.

    On Aug 12, 2010 injured workers in the State of Washington, won What has been called the "Tobin Decision" in the Supreme Court of the State of Washington. This decision requires the state to not use a injured workers Third Party "Pain and Suffering" settlement in the states calculations for benefit recovery. As of today, the state L & I Third Party division has not even acknowledged in writing that they lost. On the phone they say "this is a complicated issue" and they acknowledge the loss of the case. My question is: How long can the state still withhold monies owed to injured workers in light of the Supreme Courts decision against the state, and for the workers?

    The State had decided in 2005 that any "pain and Suffering" settlement the injured worker received should be used to off set the cost of medical and maintenance being paid by the state to the worker and medical care givers. The Court decided for the workers in it's decision stating that since the State does not pay "pain and Suffering" settlements to injured workers, it cannot claim those same settlements from workers. You cannot "recover" something that you never paid out in the first place, and by law cannot pay out, is what the Court said.

    The state has been withholding several hundred different workers compensation paychecks while this decision has made it's way thru the courts. The state lost at the Superior, Appeals, and Supreme Court levels and the State did not ask for a reconsideration of the Supreme Court decision (it was 7-2 anyway), and since this is a state issue, it does not go on to the Federal Courts. So if someone could answer the question in the first paragraph, I would appreciate it. Thank You.
  • 10-05-2010, 12:06 PM
    BOR
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    Quote:

    How Much Time to Does a State Have to Implement a State Supreme Court Decision
    If the decision was handed down August 12, it should be already implemented.

    I don't see how there is any exact timeline of enforcement per se though.

    Whoever is affected needs to press the state agency to get a move on or an Order to enforce the judgment will be filed with the WA SC.

    Was there no timleine specification in the decision?
  • 10-05-2010, 01:13 PM
    nite_riderusa
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    There does not appear to be a timeline given. Here is a link to the case.

    http://www.courts.wa.gov/opinions/in...name=819467MAJ
  • 10-06-2010, 09:51 AM
    BOR
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    Try to contact the Attorney/law firm who handled the case for the workers to see what he says.
  • 10-08-2010, 03:21 AM
    nite_riderusa
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    So is there no law that limits the amount of time the state has to implement a ruling? That would mean a State could just ignore the courts. Maybe someone can point me in the direction of the laws that govern Supreme court decisions.
  • 10-08-2010, 10:48 AM
    BOR
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    Quote:

    Quoting nite_riderusa
    View Post
    So is there no law that limits the amount of time the state has to implement a ruling? That would mean a State could just ignore the courts. Maybe someone can point me in the direction of the laws that govern Supreme court decisions.

    Technically a ruling has the "force of law" immediately after it's issuance.

    Let's equate a statutory law, most states have an "in effect" date of 90 days, from passage, unless it is emergency legislation.

    I doubt if there is anything in WA SC case law decisions that establish a bright line rule, nor would there be anything in the Rules of the WA SC.

    For a decison such as this, let's apply the statutory rule as a guide. If it has been more then 3 months, they are basically in Contempt of Court.

    An enforcement order needs to be applied for to Compel them to comply.
  • 10-08-2010, 01:31 PM
    nite_riderusa
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    I received this answer from the Supreme Court clerk:

    The Supreme Court does not supervise the implementation of its decisions. I note that the mandate was issued in this case on September 10, 2010, which means that the case was not final until that date. Therefore, it has been less than a month since the decision was final.



    If you feel that the Department is not following the decision, you will need to contact a private attorney. If you cannot afford to hire an attorney, you can call the following number to see if you can obtain free legal services: 1-888-201-1014

    Supreme Court Deputy Clerk


    Bor, I appreciate your help here. I now have a greater understanding of how our court system at it's highest levels work. Again, thank you for taking the time to answer.
  • 10-09-2010, 12:07 PM
    BOR
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    You are welcome. I have never heard of any case law or even statutory law addressing it. As the clerk stated, an Attorney needs to review it to possible force compliance.

    As I said, if we go by the passage of a statutory law, states are like 1-3 months for an effective date.

    I did not look, but let's say WA is 1 month, the law should be complied with in a month +, if we use that as a guide.

    In todays techno world, a decision is avalable by any ## of mediums.

    Imagine back in the old days, how long it took for a state on the West coast to find out who was elected President.

    If the decision has not been enforced in a month +, from Sep. 10, the aggrieved party needs to consult counsel. I would say that is more than enough time to read it, have the lawyers for the loosing side analyze what the WA SC is ordering them to do, and do it.


    Edited:

    Here is a list of legislative passage effective dates.

    For WA:

    ....Laws go into effect 90 days after the adjournment of the session, unless specified otherwise....

    You see it is for adjournment, so I would not use that as a guide. I was just trying to compare it. Ohio is 90 days from the Gov's signature, etc., that I knew.

    I would say, up to you, no more than 3 months before I consulted an Attorney, most probably as I said though, up to you, a month +.

    Good luck!!


    http://www.statescape.com/resources/...tive_dates.asp
  • 11-24-2010, 08:38 PM
    nite_riderusa
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    Quote:

    Quoting BOR
    View Post
    You are welcome. I have never heard of any case law or even statutory law addressing it. As the clerk stated, an Attorney needs to review it to possible force compliance.

    As I said, if we go by the passage of a statutory law, states are like 1-3 months for an effective date.

    I did not look, but let's say WA is 1 month, the law should be complied with in a month +, if we use that as a guide.

    In todays techno world, a decision is avalable by any ## of mediums.

    Imagine back in the old days, how long it took for a state on the West coast to find out who was elected President.

    If the decision has not been enforced in a month +, from Sep. 10, the aggrieved party needs to consult counsel. I would say that is more than enough time to read it, have the lawyers for the loosing side analyze what the WA SC is ordering them to do, and do it.


    Edited:

    Here is a list of legislative passage effective dates.

    For WA:

    ....Laws go into effect 90 days after the adjournment of the session, unless specified otherwise....

    You see it is for adjournment, so I would not use that as a guide. I was just trying to compare it. Ohio is 90 days from the Gov's signature, etc., that I knew.

    I would say, up to you, no more than 3 months before I consulted an Attorney, most probably as I said though, up to you, a month +.

    Good luck!!


    http://www.statescape.com/resources/...tive_dates.asp

    The day after I read your response, I called the governors office. 2 hours later I received a call from the head attorney for Labor and Industries. 3 days after that, I had the check in my hands. Again, thank you very much for your help!
  • 11-26-2010, 11:48 AM
    BOR
    Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision
    Quote:

    Quoting nite_riderusa
    View Post
    The day after I read your response, I called the governors office. 2 hours later I received a call from the head attorney for Labor and Industries. 3 days after that, I had the check in my hands. Again, thank you very much for your help!

    You are welcome, glad you got compensated.
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