STELTER v. DEPT. OF LABOR AND INDUSTRIES

No. 19546-5-III.

27 P.3d 650 (2001)

107 Wash.App. 477

Robert D. STELTER, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Respondent.

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

July 26, 2001.


Attorney(s) appearing for the Case

Gregory S. Nelson, Prediletto, Halpin, Yakima, for Appellant.

Timothy S. Hamill, Assistant Attorney General, Kevan T. Montoya, Garon Jones, Yakima, for Respondent.


KATO, J.

Robert D. Stelter appeals a superior court summary judgment order affirming a decision by the Department of Labor and Industries denying his claim for worker's compensation benefits. He contends there is at least a factual question regarding whether his employer was engaged exclusively in interstate commerce and thus was not properly exempted from mandatory coverage under the Industrial Insurance Act. We agree and reverse.

Mr. Stelter began working...

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