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CROWN, CORK & SEAL v. SMITH

No. 83854-2.

259 P.3d 151 (2011)

171 Wash.2d 866

CROWN, CORK & SEAL, Petitioner v. Sylvia SMITH and Department of Labor and Industries, Respondent.

Supreme Court of Washington, En Banc.

Decided June 23, 2011.

Attorney(s) appearing for the Case

Lee Edward Schultz , Attorney at Law, Seattle, WA, Kenneth Wendell Masters , Masters Law Group PLLC, Bainbridge Island, WA, for Petitioner.

Kathryn Carman Comfort , Attorney at Law, Tacoma, WA, Natalee Ruth Fillinger , WA St. Attorney General's Office, Olympia, WA, Anastasia R. Sandstrom , Attorney General's Office, Seattle, WA, for Respondent.

C. JOHNSON, J.

¶ 1 This case asks the court to determine what constitutes a "previous bodily disability" entitling an employer to second injury fund coverage under RCW 51.16.120(1) of the Industrial Insurance Act. Division Two of the Court of Appeals held that Crown, Cork & Seal (Crown) was not entitled to second injury fund coverage because any injury to the employee did not substantially impact the employee's daily functioning and efficiency. We affirm...

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