Louderback v. Department of Labor & Industries

Worswick, J.*

(concurring specially)—Louderback v. Department of Labor & Indus., 14 Wn. App. 931, 547 P.2d 889 (1976) (Louderback I), became a final opinion before my participation and is the law of this case. Therefore, I am compelled by the discipline of the appellate process to concur in the result of the majority opinion particularly because of Instruction No. 9A. However, I believe that Louderback I should not have been decided as it was.

On the best interpretation of plaintiff's evidence, nothing more can be shown than that the workman was ascending a stairway in a normal fashion, as he…