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COCKLE v. DEPT. OF LABOR AND INDUSTRIES

No. 68539-8.

16 P.3d 583 (2001)

142 Wash.2d 801

Dianne L. COCKLE, Respondent, v. The DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 18, 2001.

Attorney(s) appearing for the Case

Christine Gregoire, Atty. Gen., John R. Wasberg, Asst. Atty. Gen., Seattle, for Petitioner.

Terry James Barnett, Tacoma, for Respondent.

Nancy Thygesen Day, Seattle, Amicus Curiae on Behalf of Washington Self-Insurers Association.

William D. Hochberg, Edmonds, Amicus Curiae on Behalf of Washington State Labor Council.

BRIDGE, J.

We are asked for the first time to decide whether the value of employer-provided health care coverage is included in the basis used to calculate workers' compensation payments under RCW 51.08.178.

The Department of Labor and Industries calculated Respondent Dianne Cockle's workers' compensation payments based strictly on her paycheck at the time of her work-related injury. RCW 51.08.178(1) mandates that "wages' shall include the reasonable value...

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