WR Enterprises, Inc. v. Department of Labor & Industries

(dissenting) — This dispute arose when WR Enterprises, Inc., learned the Department of Labor and Industries (L&I) levied industrial insurance premiums which were excessive and grossly disproportionate to the risk experienced in its class of industry.

The parties agree L&I’s current rate-setting structure makes employers in comparatively low-risk industries pay disproportionately high premiums to cover losses incurred by higher-risk industries. Although such rate-setting violates the statute as construed in prior decisions of this court, the majority nevertheless approves L&I’s practice.

Washingt…