Appellants' Reply Brief - Washington State Courts

industrial insurance context. AB at 35-37. In fact, when measuring lost
earning capacity for the self-employed, the majority of states deduct the
depreciation allowance, contrary to the more generous practice of the
Department and Board in Washington. AB at 35-37.
H. Calculating A Sole Proprietor's "Wage-Equivalent" Using The
Method Suggested By Malang Will Harm Some Other Injured
Workers
In its opening brief, the Department explained that Malang's
hyper-inflated approach to calculating a wage for sole proprietors will
adversely affect injured workers in a number of other contexts.
AB at 41-46. Malang suggests this is a matter for the Legislature, not the
courts. RB at 41. But she apparently fails to understand that statutory
construction requires that one determine how a statute such as
RCW 51.08.178 fits into the entire statutory scheme.
The Quadrant Corp. v. Growth Mgmt. Hearings Bd., 154 Wn.2d 224,239,
1 10 P.3d 1 132 (2005).
Malang also appears to try to contest some of the propositions that
the Department explained at AB at 41-46 regarding ramifications of
Malang's theory for other sections of RCW Title 5 1. RB at 41-46. But
her discussion in this regard is not directly responsive in some respects,
does not make sense in other respects, and as a whole is unpersuasive.