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DEPARTMENT OF LABOR AND INDUSTRIES v. MITCHELL BROS. TRUCK LINE, INC.

No. 27503-1-II.

54 P.3d 711 (2002)

WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant, v. MITCHELL BROTHERS TRUCK LINE, INC., Respondent.

Court of Appeals of Washington, Division 2.

September 27, 2002.

Attorney(s) appearing for the Case

Charles Robert Bush, Vandeberg Johnson Gandara, Seattle, WA, for Respondent.

James Stone Johnson, Atty Gen Ofc, Olympia, WA, for Appellant.

BRIDGEWATER, J.

We are asked to decide whether a truck driver is "operating a truck which he owns" when he leases a truck from a common carrier and must lease the truck back to the same common carrier. Br. of Appellant at 3. We hold that this kind of truck driver is an "owner" under Title 51 RCW and not a "worker" under RCW 51.08.180(1) because the driver is entitled to possess, use, and enjoy the truck under the specific terms of the lease. Thus, the common carrier...

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