precedent decisions governing company owner worker opting to insure himself

[larryorth]

There is a precedent that has been set where a self employeed man insured himself with the Washington state dept of labor and industries and paid his premiums on schedule. He was in some sort of retail business. As a business owner he showed a loss on his income tax for either legal purposes and write-off so he would not have to pay income tax or his business faired badly. None the less he paid his premiums on himself to L&I. Subsuquently, he was hurt on the job and could no longer be employed. In order to figured his hourly income, Labor and Industries based his income using his passed three yearly income tax statements to set his monthly time loss and since he showed a loss on his buisness he received the statuatory minimun for that state of 9 dollars per day, The board of appeals desided in favor of the owner who had been hurt. The answer came down that the owner was hurt on the job,that be was trained in and he paid his employee 20 per hour. Because of payroll and the cost of doing busisess. Although the Department of Labor and Industries awarded him the statutory minimum, this was eventually overturned by the board of a appeals and his time loss check was based on the wage of a person skilled in the profession he had been doing on a daily bases. Can anyone tell me the case that this decision was based on. I would certainly appreciate the help.

Sincerely,

Larry Orth
please respond to larryp@lporth.com

[1171]

http://www.biia.wa.gov/search-page.htm

[larryorth]

My state is Washington