| IN RE: RYAN K. LOWRY | ) | DOCKET NO. 91 C061 |
| ) | ||
| CLAIM NO. VA-00025 | ) | ORDER DENYING APPEAL AND DIRECTING DEPARTMENT TO ENTER DETERMINATIVE ORDER |
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An appeal was filed by the claimant's mother on February 28, 1991 from a decision of the Department of Labor and Industries to refuse to pay for the cost of group home care. The claimant's mother alleges that, as a result of the criminal act, such care is necessary.
From a review of the Department record in this matter it appears that no written order or decision has been made by the Department denying payment for group home care. The notice of appeal concedes this, indicating that the "decision" to deny payment for such care was communicated orally by the claims adjudicator.
We do not think the legislature contemplated that oral decisions of Department employees would be appealable to the Board. Both RCW 51.52.050 and 51.52.060 contemplate that any "order, decision, or award" of the Department would be capable of being copied and mailed. This indicates that the decision of the Department must be in writing. Further, appeals from "oral" decisions would be rife with ambiguity. There would be questions as to whether or when such a decision was made. The nature and scope of the decision itself would no doubt become a contested issue of fact.
The appeal filed by the claimant's mother is therefore denied. However, it is clear that a dispute has arisen concerning the claimant's entitlement to benefits under the Crime Victims Compensation Act. Pursuant to RCW 51.32.055(6) the Department is directed to resolve the dispute and enter an order, appealable to the Board, which determines the claimant's entitlement to group home care. The denial of this appeal is without prejudice to the right of the claimant's mother to appeal such further order. [2]
It is so ORDERED.
Dated this 20th day of March, 1991.
BOARD OF INDUSTRIAL INSURANCE APPEALS
/s/
SARA T. HARMONChairperson
/s/
FRANK E. FENNERTY, JR.Member
/s/
PHILLIP T. BORKMember