Dougherty v. Department of Labor & Industries

Daniel Dougherty appealed to Skagit County Superior Court from a final decision by the Board of Industrial Insurance Appeals. By statute, he should have filed his notice of appeal in Whatcom County, where his injury occurred. At issue is whether the Skagit County court should have granted Dougherty’s motion to change venue to Whatcom County instead of dismissing for lack of subject matter jurisdiction. Under controlling precedent, the venue requirement in the appeal statute is a limit on jurisdiction. Because the Skagit County court did not have subject matter jurisdiction, filing there was a…