Windust v. Department of Labor & Industries

(concurring) — I concur in the majority opinion but wish to state my views on stare decisis in addition to what is said on the subject therein.

The original workmen’s compensation act, adopted in 1911, defined “injury” as follows:

“The words injury or injured, as used in this act, refer only to an injury resulting from some fortuitous event as distinguished from the contraction of disease.” Laws of 1911, chapter 74, § 3, p. 349.

In Frandila v. Department of Labor & Industries, 137 Wash. 530, 243 Pac. 5 (1926), this court had occasion to construe the above quoted statute. There the workman, while…