Windust v. Department of Labor & Industries

(dissenting) — The court’s decision announced today should have been made twenty-five years ago when *47Metcalf v. Department of Labor & Industries, 168 Wash. 305, 11 P. (2d) 821, was filed. It would have been as right then as it is wrong now. The ancient aphorism, “Better late than never,” is not always true, and if there be justification for the comment by the cynical wag that “Consistency is the hobgoblin of little minds,” certainly this court is not so contaminated.

While the employer’s exemption from the common-law liability for personal injuries is the quid pro quo for premium liability,2…