Lunz v. Department of Labor & Industries

(concurring specially) — While I agree fully with the court’s cónclusion the evidence was insufficient to sustain a verdict that the decedent was in the course of his employment, this case offers no occasion to apply the rule that the superior court on review may only decide questions actually decided by the department.

The case cited, Leary v. Department of Labor & Industries, 18 Wn. (2d) 532, 140 P. (2d) 292, and the many others announcing similar conclusions are based upon Cole v. Department of Labor & Industries, 137 Wash. 538, 243 Pac. 7. Cole’s claim was rejected because there was no…