Legal Opinion

Mandery v. Costco Wholesale Corp.

Court of Appeals of Washington

Decided April 18, 2005No. 54173-1-IPublishedCited by 4 opinions

1Opinion of the Court

*852¶1 An employee cannot waive by contract the benefits of Washington’s Industrial Insurance Act, Title 51 RCW, by barring himself or herself from the right to claim its benefits. Because the employment agreement in this case purports to bar the employee from pursuing workplace injury damages from a third party, and the Industrial Insurance Act specifically assigns to employees the right to pursue such third party claims and the right to retain a portion of any award, the contract provision purporting to release the third party from workplace injury liability is void. We therefore reverse and…

2Cases cited8 opinions

  1. Clark v. PacificorpWashington Supreme Court · 1991
  2. Rhoad v. McLEAN TRUCKING COMPANYWashington Supreme Court · 1984
  3. Maxey v. Department of Labor & IndustriesWashington Supreme Court · 1990
  4. Washington Insurance Guaranty Ass'n v. Department of Labor & IndustriesWashington Supreme Court · 1993
  5. Koreski v. Seattle Hardware Co.Washington Supreme Court · 1943

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Gersema v. Allstate Ins. Co.Court of Appeals of Washington · 2005
  2. Gersema v. Allstate InsuranceCourt of Appeals of Washington · 2005
  3. Mandery v. Costco Wholesale Corp.Court of Appeals of Washington · 2005
  4. Subcontracting Concepts Ct, Inc., V. Fernanda Manzi And Leonardo ManziCourt of Appeals of Washington · 2023

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