Sutherland v. Department of Labor & Industries

Lillian O. Sutherland, surviving widow of William M. Sutherland, applied to the Department of Labor & Industries for a widow’s pension. The application was denied by the supervisor and the Board of Industrial Appeals. Thereafter, claimant sought review in superior court where, following jury trial, the board’s decision was reversed. However, on motion of the department, the trial court entered a judgment n.o.v. dismissing claimant’s action with prejudice. Claimant appeals..

Two questions are presented: (1) Can-unusual emotional exertion, stress or strain constitute an injury as defined in RCW…