Revised Code of Washington

Wash. Rev. Code § 51.44.070 (2026)

✓ current as of May 2026

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For every case resulting in death or permanent total disability the department shall transfer on its books from the accident fund of the proper class and/or appropriate account to the "reserve fund" a sum of money for that case equal to the estimated present cash value of the monthly payments provided for it, to be calculated upon the basis of an annuity covering the payments in this title provided to be made for the case. Such annuity values shall be based upon rates of mortality, disability, remarriage, and interest as determined by the department, taking into account the experience of the reserve fund and self-insurance reserve fund in such respects.

[ 2023 c 110 s 6; 2018 c 282 s 1; 1992 c 124 s 1; 1989 c 190 s 1; 1983 c 312 s 1; 1981 c 325 s 1; 1971 ex.s. c 289 s 56; 1961 c 274 s 5; 1961 c 23 s 51.44.070. Prior: 1959 c 308 s 8; 1957 c 70 s 42; prior: 1951 c 236 s 7; 1941 c 169 s 1; Rem. Supp. 1941 s 7705-2; prior: 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 c 131 s 4, part; 1917 c 28 s 1, part; 1913 c 148 s 1, part; 1911 c 74 s 5, part; Rem. Supp. 1949 s 7679, part.]

Notes:

Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.

Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

Notes of Decisions

Cited in 15 cases, 1996–2016 · leading case: Boeing Co. v. Doss, 347 P.3d 1083 (Wash. 2015).

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Boeing Co. v. Doss, 347 P.3d 1083 (Wash. 2015). · cites it 5× “060(1) (authorizing payment of a percentage of “wages” for permanently totally disabled workers); RCW 51.44.070 (describing how monthly pension benefits for permanently totally disabled workers are based on an annuity that factors mortality, disability, and remarriage); see also…”

Boeing Co. v. Doss, 321 P.3d 1270 (Wash. Ct. App. 2014). · cites it 2× “” 8 RCW 51.44.070(1) requires, For every case resulting in death or permanent total disability the department shall transfer on its books from the accident fund of the proper class and/or appropriate account to the “reserve fund” a sum of money for that case equal to the…”

Arnold v. Dep't of Ret. Sys., 912 P.2d 463 (Wash. 1996). “9 The statute also permits the death benefits to be paid to the member’s estate in the event that there are no dependents. RCW 41.26.160(4).”

Dep't of Labor & Indus. v. Blanca Ortiz, 194 Wash. App. 146 (Wash. Ct. App. 2016). · cites it 3× “2d at 216-17 ; RCW 51.44.070. Self-insured employers, on the other hand, pay directly to workers any disability and medical benefits.”

Messer v. Dep't of Labor & Indus., 77 P.3d 1184 (Wash. Ct. App. 2003). · cites it 3× “” At the hearing, the Department provided testimony establishing that Table C is based upon the Department’s actual experience with mortality rates of injured workers in Washington.”

Rhoades v. Dep't of Labor & Indus., 181 P.3d 843 (Wash. Ct. App. 2008). · cites it 4× “RCW 51.44.070(1). Annual cost of living adjustments authorized by RCW 51.”

Dep't of Labor & Indus. v. Blanca Ortiz (Wash. Ct. App. 2016). · cites it 3× “2d at 216-17 ; RCW 51.44.070. Self-insured employers, on the other hand, pay directly to workers any disability and medical benefits.”

Boeing Co. v. Dep't of Labor & Indus. (Wash. 2015). · cites it 5× “See RCW 51.44.070(1 ). When a worker's permanent total disability is caused by the combined effects of a "previous bodily disability" and a covered workplace injury or occupational disease, self-jnsured employers pay a reduced amount into the pension reserve fund.”

Rhoades v. Dep't of Labor & Indus., State, 181 P.3d 843 (Wash. Ct. App. 2008). · cites it 5× “RCW 51.44.070(1). Annual cost of living adjustments authorized by RCW 51.”

Dep't of Labor & Indus. v. Blanca Ortiz (Wash. Ct. App. 2016). · cites it 2× “060; RCW 51.44.070. Also relevant to this appeal is the second injury fund.”

Messer v. Dep't of Labor & Indus., 77 P.3d 1184 (Wash. Ct. App. 2003). · cites it 3× “070(1) provides that the annuity value for every case "shall be determined by the department based upon the department's experience as to rates of mortality, disability, remarriage, and interest." At the hearing, the Department provided testimony establishing that Table C is…”

Show all 15 citing cases →

— Wash. Rev. Code § 51.44.070(1) — 13 cases

Boeing Co. v. Doss, 347 P.3d 1083 (Wash. 2015). “060(1) (authorizing payment of a percentage of “wages” for permanently totally disabled workers); RCW 51.44.070 (describing how monthly pension benefits for permanently totally disabled workers are based on an annuity that factors mortality, disability, and remarriage); see also…”

Boeing Co. v. Doss, 321 P.3d 1270 (Wash. Ct. App. 2014). “” 8 RCW 51.44.070(1) requires, For every case resulting in death or permanent total disability the department shall transfer on its books from the accident fund of the proper class and/or appropriate account to the “reserve fund” a sum of money for that case equal to the…”

Messer v. Dep't of Labor & Indus., 77 P.3d 1184 (Wash. Ct. App. 2003). “” At the hearing, the Department provided testimony establishing that Table C is based upon the Department’s actual experience with mortality rates of injured workers in Washington.”

Rhoades v. Dep't of Labor & Indus., 181 P.3d 843 (Wash. Ct. App. 2008). “RCW 51.44.070(1). Annual cost of living adjustments authorized by RCW 51.”

Dep't of Labor & Indus. v. Blanca Ortiz, 194 Wash. App. 146 (Wash. Ct. App. 2016). “2d at 216-17 ; RCW 51.44.070. Self-insured employers, on the other hand, pay directly to workers any disability and medical benefits.”

— Wash. Rev. Code § 51.44.070(2) — 3 cases

The Boeing Co. v. Dli (Wash. Ct. App. 2014).

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