Johnson v. Department of Labor & Industries

(dissenting) — I dissent. RCW 4.20.046 and RCW 51.32.040 are compatible with one another and can be harmonized. The enactment of RCW 4.20.046 calls for a reinterpretation of the survivability of claims „ under RCW 51.32.040. I believe that the survival of claims statute clearly governs the survivability of time loss compensation claims and, therefore, I dissent.

The survival of claims statute is clear and unambiguous. That statute provides that:

All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against…