Revised Code of Washington

Wash. Rev. Code § 51.32.075 (2026)

Adjustments in compensation or death benefits

✓ current as of May 2026
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The compensation or death benefits payable pursuant to the provisions of this chapter for temporary total disability, permanent total disability, or death arising out of injuries or occupational diseases shall be adjusted as follows:
(1) On July 1, 1982, there shall be an adjustment for those whose right to compensation was established on or after July 1, 1971, and before July 1, 1982. The adjustment shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator of which shall be the average monthly wage in the state under RCW 51.08.018 for the fiscal year in which such person's right to compensation was established, and the numerator of which shall be the average monthly wage in the state under RCW 51.08.018 on July 1, 1982.
(2) In addition to the adjustment established by subsection (1) of this section, there shall be another adjustment on July 1, 1983, for those whose right to compensation was established on or after July 1, 1971, and before July 1983, which shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator of which shall be the average monthly wage in the state under RCW 51.08.018 for the fiscal year in which such person's right to compensation was established, and the numerator of which shall be the average monthly wage in the state under RCW 51.08.018 on July 1, 1983.
(3) In addition to the adjustments under subsections (1) and (2) of this section, further adjustments shall be made beginning on July 1, 1984, and on each July 1st thereafter through July 1, 2010, for those whose right to compensation was established on or after July 1, 1971. The adjustment shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator of which shall be the average monthly wage in the state under RCW 51.08.018 for the fiscal year in which such person's right to compensation was established, and the numerator of which shall be the average monthly wage in the state under RCW 51.08.018 on July 1st of the year in which the adjustment is being made. The department or self-insurer shall adjust the resulting compensation rate to the nearest whole cent, not to exceed the average monthly wage in the state as computed under RCW 51.08.018.
(4) In addition to the adjustments under subsections (1), (2), and (3) of this section, further adjustments shall be made beginning July 1, 2012, and on each July 1st thereafter for those whose right to compensation was established on or after July 1, 1971. The adjustment shall be the percentage change in the average monthly wage in the state under RCW 51.08.018 for the preceding calendar year, rounded to the nearest whole cent. For claims whose right to compensation was established on or after July 1, 2011, no adjustment shall be made under this subsection until the second July 1st following the date of injury or occupational disease manifestation.
[ 2011 1st sp.s. c 37 s 202; 1988 c 161 s 7; 1983 c 203 s 1; 1982 1st ex.s. c 20 s 1; 1979 c 108 s 1; 1977 ex.s. c 202 s 2; 1975 1st ex.s. c 286 s 2.]

Notes:

FindingEffective date2011 1st sp.s. c 37: See notes following RCW 51.32.090.
Effective date1982 1st ex.s. c 20: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1982." [ 1982 1st ex.s. c 20 s 4.]
Notes of Decisions
Cited in 12 cases, 1988–2020 · leading case: Dep't of Labor & Indus. v. Auman, 756 P.2d 1311 (Wash. 1988).
Dep't of Labor & Indus. v. Auman, 756 P.2d 1311 (Wash. 1988). · cites it 21× “[1] Monthly disability pensions are periodically increased by COLA as specified in RCW 51.32.075. According to RCW 51.32.075, each July 1, the amount of compensation to which they [the claimants] are entitled [is multiplied] by a fraction, the denominator of which shall be the…”
Birgen v. Dep't of Labor & Indus., 347 P.3d 503 (Wash. Ct. App. 2015). “RCW 51.32.075 addresses updating a claimant’s permanent total disability benefits to account for cost of living changes.”
WR Enter., Inc. v. Dep't of Labor & Indus., 147 Wash. 2d 213 (Wash. 2002). “035, not the statute at issue here, RCW 51.32.075. School Directors is inapplicable.”
WR Enter., Inc. v. Dep't of Labor & Indus., 53 P.3d 504 (Wash. 2002). “035, not the statute at issue here, RCW 51.32.075. School Directors is inapplicable.”
Crabb v. Dep't of Labor & Indus., 326 P.3d 815 (Wash. Ct. App. 2014). · cites it 12× “|5 The COLA is given effect by RCW 51.32.075, which requires the Department to adjust temporary total *653 disability payments each July to account for inflation.”
Messer v. Dep't of Labor & Indus., 77 P.3d 1184 (Wash. Ct. App. 2003). · cites it 3× “The Supreme Court reasoned that under RCW 51.32.075(3), the COLA should be applied only to the amount of compensation to which the claimant is “entitled,” and because the claimant was not entitled to the PPD portion of the OAR amount, the claimant was not entitled to COLA on…”
Rhoades v. Dep't of Labor & Indus., 181 P.3d 843 (Wash. Ct. App. 2008). · cites it 3× “The Department correctly points out that there is no such but-for language in RCW 51.32.075. *840 fl4 Ms. Rhoades also asserts that the court’s more recent decision in Stuckey 2 supports reexamination of the Auman decision.”
Cena v. Dep't of Labor & Indus., 121 Wash. App. 915 (Wash. Ct. App. 2004). “018, subject to cost of living adjustments under RCW 51.32.075. The legislature amended these caps in 1988 and 1993.”
Cena v. Dep't of Labor & Indus., 91 P.3d 903 (Wash. Ct. App. 2004). “018, subject to cost of living adjustments under RCW 51.32.075. The legislature amended these caps in 1988 and 1993.”
Zbigniew Laskowski v. State Of Washington, Dep't Of Labor & Indus. (Wash. Ct. App. 2020). · cites it 2× “RCW 51.32.075 provides for annual adjustments to a claimant’s time loss compensation rate effective July 1 of each year, based on the annual change to the average 6 No.”
Rhoades v. Dep't of Labor & Indus., State, 181 P.3d 843 (Wash. Ct. App. 2008). · cites it 4× “The Department correctly points out that there is no such but-for language in RCW 51.32.075. *847 ¶ 14 Ms. Rhoades also asserts that the court's more recent decision in Stuckey [2] supports re-examination of the Auman decision.”
Messer v. Dep't of Labor & Indus., 77 P.3d 1184 (Wash. Ct. App. 2003). · cites it 3× “The Supreme Court reasoned that under RCW 51.32.075(3), the COLA should be applied only to the amount of compensation to which the claimant is "entitled," and because the claimant was not entitled to the PPD portion of the OAR amount, the claimant was not entitled to COLA on…”
— Wash. Rev. Code § 51.32.075(3) — 5 cases
Dep't of Labor & Indus. v. Auman, 756 P.2d 1311 (Wash. 1988). “[1] Monthly disability pensions are periodically increased by COLA as specified in RCW 51.32.075. According to RCW 51.32.075, each July 1, the amount of compensation to which they [the claimants] are entitled [is multiplied] by a fraction, the denominator of which shall be the…”
Messer v. Dep't of Labor & Indus., 77 P.3d 1184 (Wash. Ct. App. 2003). “The Supreme Court reasoned that under RCW 51.32.075(3), the COLA should be applied only to the amount of compensation to which the claimant is “entitled,” and because the claimant was not entitled to the PPD portion of the OAR amount, the claimant was not entitled to COLA on…”
Rhoades v. Dep't of Labor & Indus., 181 P.3d 843 (Wash. Ct. App. 2008). “The Department correctly points out that there is no such but-for language in RCW 51.32.075. *840 fl4 Ms. Rhoades also asserts that the court’s more recent decision in Stuckey 2 supports reexamination of the Auman decision.”
Messer v. Dep't of Labor & Indus., 77 P.3d 1184 (Wash. Ct. App. 2003). “The Supreme Court reasoned that under RCW 51.32.075(3), the COLA should be applied only to the amount of compensation to which the claimant is "entitled," and because the claimant was not entitled to the PPD portion of the OAR amount, the claimant was not entitled to COLA on…”
Rhoades v. Dep't of Labor & Indus., State, 181 P.3d 843 (Wash. Ct. App. 2008). “The Department correctly points out that there is no such but-for language in RCW 51.32.075. *847 ¶ 14 Ms. Rhoades also asserts that the court's more recent decision in Stuckey [2] supports re-examination of the Auman decision.”
— Wash. Rev. Code § 51.32.075(4) — 1 case
Zbigniew Laskowski v. State Of Washington, Dep't Of Labor & Indus. (Wash. Ct. App. 2020). “RCW 51.32.075 provides for annual adjustments to a claimant’s time loss compensation rate effective July 1 of each year, based on the annual change to the average 6 No.”
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