Tietjen v. Department of Labor & Industries

Wilmer M. Tietjen appeals from a judgment granting the motion of the Department of Labor and Industries to dismiss his claim on the basis of insufficiency of the evidence to support a jury verdict. Claimant Tietjen’s testimony relating to psychiatric disability was stricken following his failure to comply with an order of the Board of Industrial Insurance Appeals requiring a CR 35 psychiatric examination, at the department’s request.

Tietjen contends that refusal to be examined without his wife’s presence was not a violation of the order, that it was error to order such an examination 2%…