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RUSHING v. ALCOA, INC.

No. 31019-8-II.

105 P.3d 996 (2005)

Daniel J. RUSHING, Appellant, v. ALCOA, INC., and the Department of Labor & Industries, Respondent.

Court of Appeals of Washington, Division 2.

January 4, 2005.

Attorney(s) appearing for the Case

Gilbert M. Stratton, Craig Jessup & Stratton PLLC, Seattle, Lisa Marsh, Atty. Gen. of Wash., Steve Vinyard, Atty. Gen. of Wash., for Respondents.

Donald Gene Grant, Grant & Elcock PLLC, Vancouver, for Appellant.

ARMSTRONG, J.

Daniel Rushing was injured while working for ALCOA. On its accident report form, ALCOA checked the box "yes" next to the question "Will you pay this employee full salary or wages during period of disability?" But ALCOA actually paid Rushing time loss compensation. Years later, when Rushing discovered ALCOA's answer on the report form, he claimed the full amount of his wages. The Board of Industrial Insurance Appeals ruled against Rushing, and the superior...

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