Roth v. Kay
Court of Appeals of Washington
1Opinion of the CourtWilliams, J.
Harold F. Roth brought this action against Dr. Kenneth Kay for not filing his application for workers' compensation with the Department of Labor and Industries. The cause was dismissed on motion for summary judgment, the trial court ruling that RCW 51.28.020 precluded any action against the doctor for negligently not filing the application because it was the nondelegable duty of Roth to file it. Roth appeals; we reverse.
In November 1969, Roth injured his back at work and was treated by Dr. Kay beginning in July 1970. After filling out the worker's portion of a 3-part compensation claim form…
Also in this document: Concurrence.
2Cases cited13 opinions
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Brown v. MacPherson's, Inc.Washington Supreme Court · 1975
- French v. ChaseWashington Supreme Court · 1956
- Leschner v. Department of Labor & IndustriesWashington Supreme Court · 1947
- McCoy v. CourtneyWashington Supreme Court · 1946
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3Cited by15 opinions
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- Lords v. Northern Automotive Corp.Court of Appeals of Washington · 1994
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- Alston v. BlytheCourt of Appeals of Washington · 1997
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