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LEWIS v. SIMPSON TIMBER CO.

No. 36268-6-II.

189 P.3d 178 (2008)

Cindy J. LEWIS, Respondent, v. SIMPSON TIMBER COMPANY, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered July 15, 2008.

Attorney(s) appearing for the Case

Schuyler Tryon Wallace Jr., William Alexander Masters, Wallace Klor & Mann PC, Lake Oswego, OR, for Appellant.

Douglas Peter Wyckoff, Williams Wyckoff & Ostrander PLLC, Olympia, WA, for Respondent.

Debra M.H. Tollefson, Attorney General's Office, Olympia, for Other Parties.

VAN DEREN, A.C.J.

¶ 1 Simpson Timber Company appeals the trial court's decision awarding Cindy Lewis workers' compensation benefits under the Industrial Insurance Act (IIA), Title 51 RCW, because of the injury she sustained from her exposure to a toxic agent at a Simpson work site. It argues that the trial court erred when it: (1) required Simpson to present its evidence to the jury first, even though Lewis had the burden of proof; (2) erroneously instructed...

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