Legal Opinion

Miller v. Department of Labor & Industries

Court of Appeals of Washington

Decided December 15, 1969No. 65-40469-1PublishedCited by 1 opinion

1Opinion of the CourtSwanson, J.

The respondent, Alva J. Miller, a 35-year-old warehouse shipping foreman, claimed he suffered a heart attack while lifting a bale of unassembled cardboard *474apple boxes which had fallen from a forklift. The department rejected the claim and said this was part of his usual and routine duties and not an industrial injury as defined by RCW 51.08.100.* 1 The Board of Industrial Insurance Appeals sustained the department’s rejection of the claim. On appeal to the superior court, the jury’s verdict was contrary to the board’s finding, and a judgment of reversal was entered.

The employer, Western Kraft…

2Cases cited16 opinions

  1. Windust v. Department of Labor & IndustriesWashington Supreme Court · 1958
  2. Arnold v. SanstolWashington Supreme Court · 1953
  3. Davis v. Early Construction Co.Washington Supreme Court · 1963
  4. Grange v. FinlayWashington Supreme Court · 1961
  5. Omeitt v. Department of Labor & IndustriesWashington Supreme Court · 1944

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3Cited by1 opinion

  1. Austin v. Department of Labor & IndustriesCourt of Appeals of Washington · 1971

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