Volume 57 — Washington Appellate Reports

<bold>[1] Divorce — Child Support — Modification — Escalation Clause —</bold> <bold>Effect.</bold> A bargained-for escalation clause in a child support provision of a dissolution decree does not prevent either party from seeking modification of the amount of the child support obligation in accordance with RCW <cross_reference>26.09.170</cross_reference>. <bold>[2] Divorce — Child Support — Modification — Authority of</bold> <bold>Court.</bold> A trial court maintains continuing equitable and statutory authority to modify a child support obligation as warranted by the needs of the child and the financial abilities of the parents. <bold>[3] Divorce — Child Support — Modification — Findings and</bold> <bold>Conclusions — Necessity.</bold> In making a decision to grant or deny a modification of a child support obligation, a trial court must enter findings of fact and conclusions of law on the issue of whether a substantial change of circumstances has occurred.<page_number>Page 269</page_number> <bold>[4] Divorce — Child Support — Modification — Child Support</bold> <bold>Schedule — Effect.</bold> Upon determining that a modification of the amount of a child support obligation is warranted under RCW <cross_reference>26.09.170</cross_reference>, a trial court must calculate the presumptive amount from the standard child support calculation worksheet and award that amount. A deviation from that amount must be supported by written findings.

<bold>[1] Judgment — Summary Judgment — Issues of Fact — Determination</bold> <bold>as a Matter of Law — In General.</bold> No issue of material fact exists sufficient to withstand a motion for summary judgment if reasonable minds could reach only one conclusion as to the facts. <bold>[2] Appeal — Disposition of Cause — Affirmance on Other Grounds</bold> <bold>— In General.</bold> An appellate court may sustain a judgment on any ground established by the pleadings and supported by the evidence. <bold>[3] Government — Torts — Immunity — Sovereign Immunity —</bold> <bold>Discretionary Acts — Implementation of Decision.</bold> A government is not immune from liability for negligence in its implementation of a discretionary decision. <bold>[4] Government — Torts — Immunity — Sovereign Immunity —</bold> <bold>Discretionary Acts — Highway Accident Data.</bold> The State's collection of accident data for use in planning highway improvements constitutes a discretionary act for which it is immune from tort liability.

<bold>[1] Industrial Insurance — Administrative Review — Waiver —</bold> <bold>Alternative Basis for Decision.</bold> By failing to seek administrative review of a determination of the wage base underlying an industrial insurance award, a claimant waives the right to seek a higher wage base but does not waive the right to challenge an administrative decisionmaker's rejection of alternative grounds supporting the wage base. <bold>[2] Statutes — Construction — Question of Law or Fact.</bold> The interpretation of a statute is a question of law for the court. <bold>[3] Administrative Law — Judicial Review — Question of Law —</bold> <bold>Standard of Review.</bold> In an appeal of an administrative decision, a court reviews issues of law de novo, although it will accord substantial weight to the interpretation of an applicable statute by the agency charged with its administration. <bold>[4] Industrial Insurance — Award — Computation — "Wage" — What</bold> <bold>Constitutes.</bold> For purposes of RCW <cross_reference>51.08.178</cross_reference>, which provides that a worker's wage that is not fixed or cannot reasonably be determined is deemed to be the usual wage paid employees engaged in the work, the term "wage" includes any and all forms of consideration received by the employee from the employer in exchange for work performed. Such consideration qualifies as "wages" regardless of whether it is subject to payroll deductions or is paid as a work incentive. <bold>[5] Appeal — Review — Issues Not Raised in Trial Court —</bold> <bold>Statutory Provisions.</bold> An appellate court may decide an issue of the application of a statute to uncontested facts as a matter of law, even if it was not decided by the trial court. <bold>[6] Industrial Insurance — Award — Computation — "Wage" —</bold> <bold>Confinement at Honor Farm.</bold> The value of room and board provided as an incident to the confinement of a convict at an honor farm does not constitute "wages" for purposes of determining industrial insurance benefits under RCW <cross_reference>51.08.178</cross_reference>.

<bold>[1] Industrial Insurance — Judicial Review — Findings of Fact —</bold> <bold>Scope of Appellate Review.</bold> In an appeal of a trial de novo concerning an industrial insurance award, an appellate court determines whether the findings of fact to which error is assigned are supported by substantial evidence and whether they in turn support the conclusions of law. <bold>[2] Industrial Insurance — Judicial Review — Notice of Appeal —</bold> <bold>Filing — Timeliness — "Communication" — What Constitutes.</bold> For purposes of RCW <cross_reference>51.52.050</cross_reference>, which requires an employer aggrieved by an order of the Department of Labor and Industries to file a written request for reconsideration or an appeal within 60 days of communication of the order, an order is "communicated" upon the employer's receipt of it. <bold>[3] United States — Mail — Presumption of Receipt — Proof of</bold> <bold>Mailing — Business or Office Custom.</bold> For purposes of the presumption that a letter is received by the addressee "upon proof of mailing," both the common law and ER 406 require more than evidence that a letter was written; there must be proof of the established custom and routine that results in the letter being placed in the mail.