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BENNERSTROM v. DEPT. OF LABOR & INDUSTRIES

No. 52168-3-I.

86 P.3d 826 (2004)

John BENNERSTROM, an individual, Appellant, v. DEPARTMENT OF LABOR & INDUSTRIES of the State of Washington; and the Department of Social and Health Services of the State of Washington, Respondents.

Court of Appeals of Washington, Division 1.

March 29, 2004.

Attorney(s) appearing for the Case

Philip James Buri, Buri Funston PLLC, Bellingham, WA, Breean Lawrence Beggs, Spokane, WA, for Appellant.

Lianne Schain Malloy, Attorney at Law, Olympia, WA, Anastasia R. Sandstrom, Attorney at Law, Seattle, WA, for Respondents.

COX, A.C.J.

An employment relationship for purposes of the workers' compensation laws does not exist absent (a) the employer having a right to control the employee's physical conduct in the performance of the employee's duties and (b) the employee's consent to the employment relationship.1 Here, there is no genuine issue of material fact whether John Bennerstrom consented to the employment relationship...

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