GILBERTSON v. LABOR & INDUS.

No. 6264-1.

22 Wn. App. 813 (1979)

592 P.2d 665

GRANT T. GILBERTSON, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

The Court of Appeals of Washington, Division One.

March 12, 1979.


Attorney(s) appearing for the Case

Fitch & Ludwick and Graham Fitch, for appellant.

Slade Gorton, Attorney General, Kirk I. Mortenson, Assistant, and Arthur E. Thomas, for respondent.


FARRIS, J.

Gilbertson appeals a Superior Court decision denying him workmen's compensation benefits because of a failure to file his claim timely. He argues that the trial court erred in considering the statute of limitation issue for the first time on appeal. We disagree but reverse.

Pacific Car and Foundry Company employed Gilbertson in the manufacture of refrigerator cars from 1964 through 1968. Sometime in...

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