HERR v. LABOR & INDUSTRIES

No. 13038-0-III.

74 Wn. App. 632 (1994)

875 P.2d 11

JOE W. HERR, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

The Court of Appeals of Washington, Division Three.

June 23, 1994.


Attorney(s) appearing for the Case

Wade E. Gano and Thorner, Kennedy & Gano, P.S., for appellant.

Christine O. Gregoire, Attorney General, and A. Craig McDonald, Assistant, for respondent.


SCHULTHEIS, J.

The trial court determined that Joe W. Herr failed to raise sufficient facts in this Department of Labor and Industries appeal to submit the case to a jury and dismissed the action. Mr. Herr contends: (1) the trial court erroneously applied an overly stringent standard in defining disability; and (2) the evidence was adequate to frame a jury question. We affirm.

Mr. Herr worked as a machinist for 22 years. In 1985 he began experiencing skin...

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