Legal Opinion
Kovacs v. Department of Labor & Industries
Washington Supreme Court
Decided July 14, 2016No. 92122-9PublishedCited by 3 opinions
1Opinion of the Court
González, J.
¶1 Applications for workers’ compensation benefits must be filed “within one year after the day upon which the injury occurred.” RCW 51.28.050. Generally, the day of injury is excluded from time calculations. RCW 1.12.040; CR 6(a). We must decide whether the legislature intended to include the day of injury in calculating the time to file a worker’s compensation claim. We conclude it did not. Accordingly, we hold the one-year statute of limitations begins to run the day after the injury and reverse.
Facts
¶2 John Kovacs injured his back while working for Pro Heating & Air…
2Cases cited19 opinions
- Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
- State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
- Waste Management of Seattle, Inc. v. Utilities & Transportation CommissionWashington Supreme Court · 1994
- State v. J.M.Washington Supreme Court · 2001
- State v. BreazealeWashington Supreme Court · 2001
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3Cited by3 opinions
- Calvin J. Johnson v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2021
- John Bogen, V. City Of BremertonCourt of Appeals of Washington · 2021
- State v. LileWashington Supreme Court · 2017