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DEPT. OF LABOR AND INDUSTRIES v. AVUDES

No. 68103-1.

996 P.2d 593 (2000)

140 Wash.2d 282

STATE of Washington, DEPARTMENT OF LABOR AND INDUSTRIES, Petitioner, v. Eladio AVUNDES, Respondent.

Supreme Court of Washington, En Banc.

Decided April 6, 2000.

Attorney(s) appearing for the Case

Bryan Harnetiaux, Debra L. Stephens, Michael J. Pontarolo, Spokane, Amicus Curiae on Behalf of Washington State Trial Lawyers Association.

William D. Hochberg, Edmonds, Amicus Curiae on Behalf of Washington State Labor Council and Washington State Building and Construction.

Perkins, Coie, Nancy T. Day, Seattle, Amicus Curiae on Behalf of Washington Self-Insurers Association, Washington State Farm Bureau and Building Industry Association of Washington.

Christine Gregoire, Attorney General, Richard Steven Puz, Asst., Olympia, for Petitioner.

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

JOHNSON, J.

This case requires us to decide whether an injured worker's employment was essentially intermittent under RCW 51.08.178(2). The Department of Labor and Industries (Department) found the worker's employment was essentially intermittent and, therefore, determined his wages by the wage averaging provision set forth in RCW 51.08.178(2)(b). The Board of Industrial Insurance Appeals (BIIA) reversed, finding the worker not intermittent under RCW 51.08.178(2)...

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