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WATSON v. DEPARTMENT OF LABOR AND INDUSTRIES

No. 33421-6-II.

138 P.3d 177 (2006)

133 Wash.App. 903

Robert WATSON, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Appellant.

Court of Appeals of Washington, Division 2.

July 11, 2006.

Attorney(s) appearing for the Case

Carol L. Casey, Attorney at Law, Port Orchard, WA, for Appellant.

Pat L. De Marco, Attorney Generals Office, Tacoma, WA, for Respondent.

BRIDGEWATER, J.

¶ 1 The Department of Labor and Industries (Department) appeals a superior court order requiring it to recalculate Robert Watson's monthly wages for time loss compensation under RCW 51.08.178(1). The Department had initially classified Watson as an essentially intermittent employee and calculated his wages according to RCW 51.08.178(2). We hold that there was substantial evidence to support the trial court's findings that, although Watson's work...

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