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OCHOA v. DEPARTMENT OF LABOR AND INDUSTRIES

No. 69916-0.

20 P.3d 939 (2001)

143 Wash.2d 422

Richard O. OCHOA, Petitioner, v. DEPARTMENT OF LABOR AND INDUSTRIES, State of Washington, Respondent.

Supreme Court of Washington, En Banc.

Decided April 12, 2001.

Attorney(s) appearing for the Case

Delay, Curran, Thompson, Pontarolo & Walker, Michael John Walker, Michael J. Pontarolo, Spokane, for Petitioner.

Christine Gregoire, Attorney General, Anastasia R. Sandstrom and John P. Wasberg, Assistant Attorneys General, Seattle, for Respondent.

JOHNSON, J.

The issue in this case is whether a licensed jockey who was hired to exercise a horse during a race meet is entitled to workers' compensation benefits under RCW 51.12.010 if injured while exercising that horse. The Court of Appeals concluded the rider, as a licensed jockey, was exempt from coverage under RCW 51.12.020(7). We reverse, holding it is a person's employment function at the time of the injury, and not the person's licensed status, that controls...

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