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McDONAGH v. LABOR & INDUSTRIES

No. 29405-9-I.

68 Wn. App. 749 (1993)

845 P.2d 1030

THOMAS M. McDONAGH, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

The Court of Appeals of Washington, Division One.

January 19, 1993.

Attorney(s) appearing for the Case

Kathryn Lynne Carman and Small, Snell, Logue & Weiss, P.S., for appellant.

Christine O. Gregoire, Attorney General, and Kathryn Eims, Assistant, for respondent.

WEBSTER, C.J.

Thomas M. McDonagh appeals a judgment in favor of the Department of Labor and Industries affirming the Board of Industrial Insurance Appeals' dismissal of his occupational injury claim. McDonagh claims he is entitled to a new trial since the trial court should have given the jury a "lighting-up" instruction. We agree.

PROCEDURAL FACTS

On May 6, 1986, McDonagh filed an accident report with...

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