Legal Opinion · Dissent

Olch v. Pacific Press & Shear Co.

Court of Appeals of Washington

Decided January 23, 1978No. 4011-1Published

1Dissent

Swanson, J. (dissenting)

I must disagree.

Initial inquiry must focus on RCW 51.04.010, the statute upon which an employer's claim of immunity rests, which states in pertinent part:

The state of Washington, . . . declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for workmen, ... is hereby provided ... to the exclusion of every other remedy, proceeding or compensation, . . . and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the state over such causes are hereby…

2Cases cited17 opinions

  1. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  2. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  3. Weyerhaeuser Steamship Co. v. United StatesSupreme Court of the United States · 1963
  4. Lunderberg v. BiermanSupreme Court of Minnesota · 1954
  5. McDonnell Aircraft Corp. v. Hartman-Hanks-Walsh Painting Co.Supreme Court of Missouri · 1959

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