Legal Opinion

Erakovic v. Department of Labor & Industries

Court of Appeals of Washington

Decided March 13, 2006No. 55524-3-IPublishedCited by 15 opinions

1Opinion of the CourtAgid, J.

¶1 The Department of Labor and Industries (L&I) appeals a superior court order requiring it to include in Vesna Erakovic’s time-loss wage calculation her employer’s payments for all nonretirement medical and disability benefits, including Social Security and Medicare. It argues that these employer payments are not “wages” as defined in RCW 51.08.178 and Cockle v. Department of Labor & Industries.1 L&I is correct. Employer payments to government programs such as Social Security, Medicare, and Industrial Insurance are not wages because they are not consideration an employee receives from his or…

2Cases cited19 opinions

  1. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  2. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  3. Cockle v. Dept. of Labor and IndustriesWashington Supreme Court · 2001
  4. Cockle v. Department of Labor & IndustriesWashington Supreme Court · 2001
  5. Campbell v. State, Department of Social and Health ServicesWashington Supreme Court · 2004

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3Cited by15 opinions

  1. Happy Bunch, LLC v. Grandview North, LLCCourt of Appeals of Washington · 2007
  2. Happy Bunch, LLC v. Grandview North, LLCCourt of Appeals of Washington · 2007
  3. Ferencak v. Department of Labor & IndustriesCourt of Appeals of Washington · 2008
  4. KUSTURA v. Department of Labor and IndustriesCourt of Appeals of Washington · 2008
  5. Mestrovac v. DEPARTMENT OF LABOR & INDUS. OF STATECourt of Appeals of Washington · 2008

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