Department of Labor & Industries v. Fankhauser

At issue in this case is whether under the "last injurious exposure" rule Marvin Fankhauser and Curtis Rudolph are excluded from coverage under the Washington Industrial Insurance Act (the Act) when they were exposed to asbestos contributing to their occupational disease during employment covered by the Act, but their last exposure occurred during self-employment not covered by the Act. The Board of Industrial Insurance Appeals (the Board) concluded the last injurious exposure rule does not bar their workers' compensation claims. On summary judgment, Kitsap County Superior Court upheld the…