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SOLVEN v. DEPARTMENT OF LABOR & INDUSTRIES

No. 24587-6-II.

2 P.3d 492 (2000)

101 Wash.App. 189

Ronald SOLVEN, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES, STATE OF WASHINGTON, Appellant.

Court of Appeals of Washington, Division 2.

June 16, 2000.

Attorney(s) appearing for the Case

Christine O. Gregoire, Atty. Gen., and M. Catherine Walsh, Atty. General's Ofc., Labor & Industry Div., Seattle, for Appellant.

David Benson Vail, Law Offices of David B. Vail, Jennifer Margareta Cross-Euteneier, David B. Vail & Associates, Tacoma, for Respondent.

SEINFELD, J.

The Department of Labor and Industries appeals from a summary judgment in favor of Ronald Solven. It claims that res judicata principles bar Solven's claim for additional disability benefits because he failed to appeal an earlier closing order. It also argues that the earlier order, which was based upon an agreed medical exam, was valid and did not violate the prohibition in RCW 51.04.060 against employer/worker agreements to waive Industrial Insurance...

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