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COWLITZ STUD CO. v. CLEVENGER

No. 77267-3.

141 P.3d 1 (2006)

COWLITZ STUD COMPANY, Respondent, v. Dana CLEVENGER and the Department of Labor and Industries, Petitioners.

Supreme Court of Washington, En Banc.

Decided August 17, 2006.

Attorney(s) appearing for the Case

Robert R. Hall, Attorney at Law, Longview, John R. Wasberg, Attorney General's office, Seattle, Steve Vinyard, Attorney General's Office, Department of Labor & Industries, Jay Douglas Geck, Office of the Attorney General, Olympia, for Petitioners.

Craig A. Staples, Attorney at Law, Vancouver, for Respondent.

Bryan P. Harnetiaux, Debra L. Stephens, Michael J. Pontarolo, Spokane, for Amicus Curiae Wash. State Trial Lawyers Ass'n Foundation.

OWENS, J.

¶ 1 We must determine whether the last injurious exposure rule applies to petitioner Dana Clevenger's industrial injury claim brought under the Industrial Insurance Act (IIA), Title 51 RCW. Clevenger's injury claim was initially filed in response to a low back injury she sustained while working for respondent Cowlitz Stud Company. Pursuant to the claim, the Department of Labor and Industries (Department) ordered Cowlitz Stud to pay time loss benefits...

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