| IN RE: FREDA F. KING | ) | DOCKET NO. 69,935 |
| ) | ||
| CLAIM NO. J-502206 | ) | DECISION AND ORDER |
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- APPEARANCES
- Claimant, Freda F. King, by
- Robert A. Garrison
- Employer, Olympus Apartments, by
- None
- Department of Labor and Industries, by
- The Attorney General, per
- Dorothy C. Bullitt and Carol Molchior, Assistants
This is an appeal filed by the claimant on February 6, 1985 from an order of the Department of Labor and Industries dated January 24, 1985 which adhered to the provisions of a prior order rejecting the claim on the grounds that no claim was filed by the worker within one year after the day upon which the alleged injury occurred. Reversed and Remanded.
DECISION
Pursuant to RCW 51.52.104 and RCW 51.52.106, this matter is before the Board for review and decision on a timely Petition for Review filed by the Department of Labor and Industries to a Proposed Decision and Order issued on June 24, 1985 in which the order of the Department dated January 24, 1985 was reversed, and the claim remanded to the Department with direction to accept the claim as filed within the time limitations set forth in RCW 51.28.050 and provide such benefits as indicated, authorized and required by law.
The facts, as stipulated by the parties, are set forth in the [2] Proposed Decision and Order of June 24, 1985, and are incorporated herein by this reference, with the modification that the year 1974 as stated in Stipulations 1, 5 and 6 is corrected to read 1984.
The question is: Was the claimant's accident report and claim for benefits, received by the Department on October 8, 1984, filed within one year of October 6, 1983, the date of injury herein, as required by RCW 51.28.050? On a calendar basis, of course, October 6, 1984 marked the last day of the one-year filing period. However, that date was a Saturday.
In accordance with the authority vested in it by law RCW 51.04.020(1) s, the Department has adopted Rules of Practice and Procedure. Rule .08.070 thereof, effective March 18, 1960, (WAC 296-08-070), provides:
"In computing any period of time prescribed or allowed by the rules or by the order of the department or any division, board, commission or council thereof or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation." (Emphasis supplied)
Additionally, for dictum to the effect that where the one-year time period ends on a Saturday or Sunday, the time limitation is extended through the next business day, See Wilbur v. Department of Labor and Industries, 38 Wn.App. 553, at 556 (1984).
In sum, we hold that the claimant's accident report, having been filed with the Department on Monday, October 8, 1984, was within the [3] one-year statutory deadline. All factual matters having been stipulated, no formal Findings of Fact need be entered.
The order of the Department of Labor and Industries dated January 24, 1985, adhering to the provisions of a prior Department order dated December 24, 1984, rejecting this claim, is incorrect and should be reversed, and this claim remanded to the Department with instructions to allow the claim herein for injury of October 6, 1983, and to take such other and further action as may be indicated, authorized or required by law.
It is so ORDERED.
Dated this thirteenth day of August, 1985.
BOARD OF INDUSTRIAL INSURANCE APPEALS
/s/
MICHAEL L. HALL Chairperson
/s/
FRANK E. FENNERTY, JR. Member
/s/
PHILLIP T. BORK Member