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DEPT. OF LABOR & INDUSTRIES v. AVUNDES

No. 17097-7-III.

976 P.2d 637 (1999)

95 Wash.App. 265

STATE of Washington, DEPARTMENT OF LABOR & INDUSTRIES, Appellant, v. Eladio AVUNDES, Respondent.

Court of Appeals of Washington, Division 3, Panel Nine.

April 22, 1999.

Attorney(s) appearing for the Case

W.S. Hirschfeld, Atty. General, Seattle, Counsel for Appellant.

David L. Lybbert, Calbom & Schwab, Psc, Moses Lake, Counsel for Respondent.

KATO, J.

The Department of Labor and Industries appeals a superior court judgment affirming an administrative order holding a farm worker's employment status was not "intermittent" for the purpose of computing timeloss compensation. The Department contends the Board of Industrial Insurance Appeals and the superior court improperly applied RCW 51.08.178(2). We affirm.

Eladio Abundes,1 a 65-year-od farm worker, came to the United...

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