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  1. #1
    Join Date
    Nov 2006
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    Default 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.

  2. #2
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    Default Re: How Much Time to Does a State Have to Implement a State Supreme Court Decision

    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?

  3. #3
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    Default 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

  4. #4
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    Default 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.

  5. #5
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    368

    Default 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.

  6. #6
    Join Date
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    Default 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.

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