Department of Labor & Industries v. Shirley

¶1 A surviving spouse of an industrial worker whose death is work related is entitled to compensation under the Industrial Insurance Act, Title 51 RCW. Brian Shirley suffered an industrial injury in 2004. He died accidentally in 2007 after ingesting multiple prescription medications — prescribed to treat pain resulting from the industrial injury — simultaneously with alcohol. The Department of Labor and Industries (Department) appeals a superior court order denying its motion for summary judgment and affirming an award of survivor benefits to Mr. Shirley’s widow. The Department argues that…