Tag Archives: Washington

Washington Appellate Court Again Says “Tasered Trooper’s” Tort Action Not Barred by Exclusive Remedy Defense

Did Intermediate Appellate Court Abide by Supreme Court’s Remand Instructions? In a case that has ricocheted from a Washington state trial court to an intermediate appellate court and from that appellate court to the Supreme Court of Washington and back again, the … Continue reading

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Washington High Court Says Valley Fever is Not Covered by Firefighters’ Presumption

Valley fever is not a “respiratory disease” for purposes of the state of Washington’s firefighters presumption [Wash. Rev. Code § 51.21.185(1)]; it is instead an “infectious disease” and is not listed among those diseases conditions for which the firefighter enjoys … Continue reading

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How One State Bucked Trend of Allowing Former Spouse to Access Post-Divorce Workers’ Comp Benefits

With the divorce rate for U.S. marriages hovering at almost 50 percent, courts and legislatures are called upon to weigh two conflicting rules related to workers’ compensation benefits when it comes to the appropriate division of marital property. One the … Continue reading

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Divided Washington Court Again Refuses to Adopt Substantially Certain Test

A divided Supreme Court of Washington, noting that in Birklid v. Boeing Co., 127 Wn.2d 853, 904 P.2d 278 (1995) [see Larson’s Workers’ Compensation Law, § 103.04[3][c]], it had earlier refused to adopt the “substantially certain” test in defining deliberate … Continue reading

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NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim

A National Football League “free agent,” who had been released from his contract by the Philadelphia Eagles and who agreed, along with 15 other free agents, to attend a three-day minicamp tryout with the Seattle Seahawks, was not an employee … Continue reading

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Washington: School Custodian’s Tort Claim Against Employer for PTSD Resulting From Clean-up Duties Following Student’s Suicide Is Barred by Exclusivity

Last Thursday, a Washington state appellate court affirmed the dismissal of a civil action filed by a school custodian against her employer, a school district and its superintendent, alleging intentional and negligent infliction of emotion distress that allegedly resulted when … Continue reading

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