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LABOR & INDUSTRIES v. FANKHAUSER

No. 59170-9.

121 Wn.2d 304 (1993)

849 P.2d 1209

THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent, v. MARVIN FANKHAUSER, Appellant. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant, v. CURTIS RUDOLPH, Respondent.

The Supreme Court of Washington, En Banc.

April 22, 1993.

Attorney(s) appearing for the Case

Levinson, Friedman, Vhugen, Duggan & Bland, by William D. Hochberg, for appellant Fankhauser and respondent Rudolph.

Christine O. Gregoire, Attorney General, and Nancy Thygesen Day, Senior Counsel, for State.

JOHNSON, J.

At issue in this case is whether under the "last injurious exposure" rule Marvin Fankhauser and Curtis Rudolph are excluded from coverage under the Washington Industrial Insurance Act (the Act) when they were exposed to asbestos contributing to their occupational disease during employment covered by the Act, but their last exposure occurred during self-employment not covered by the Act. The Board of Industrial Insurance Appeals (the Board) concluded the...

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