Cooper v. Department of Labor & Industries

(dissenting) — While I agree with Judge Hunter’s views, I dissent upon the additional ground that the statute, as construed by the court, renders the industrial insurance act unconstitutional under the due process clause of the 14th amendment to the United States constitution.

The court holds:

“The supervisor held that such a series of shocks did not constitute an industrial injury. We agree. ...” Cooper v. Department of Labor & Industries, 49 Wn. (2d) 826, 307 P. (2d) 272.

This in itself would not render the industrial insurance act unconstitutional if appellant could recover in a civil action…