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MANDERY v. COSTCO WHOLESALE CORP.

No. 54173-1-I.

110 P.3d 788 (2005)

126 Wash.App. 851

Susan MANDERY, Appellant, v. COSTCO WHOLESALE CORPORATION, a Washington corporation, d/b/a Costco Warehouse Store, Respondent, ABC Florist Company, doing business in King County; ABC Maintenance/Janitor, doing business in King County; XYZ Maintenance/Janitor, doing business in King County; John Doe Company/Corporation 1-10, Defendants, The Department of Labor and Industries, Intervenor.

Court of Appeals of Washington, Division 1.

April 18, 2005.

Attorney(s) appearing for the Case

Dann D. Sheffield, Attorney at Law, Seatle, WA, for Appellant.

Andrew T. Biggs, Northcraft, Bigby & Owada, PC, Seattle, WA, for Respondent.

H. Regina Cullen, Asst. Att. General, Seattle, WA, for Appellant Intervenor.

GROSSE, J.

¶ 1 An employee cannot waive by contract the benefits of Washington's Industrial Insurance Act by barring himself or herself from the right to claim its benefits. Because the employment agreement in this case purports to bar the employee from pursuing workplace injury damages from a third party, and the Industrial Insurance Act specifically assigns to employees the right to pursue such third party claims and the right to retain a portion of any award...

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