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GARY MERLINO CONST. v. CITY OF SEATTLE

No. 66403-4-I.

273 P.3d 1049 (2012)

167 Wn. App. 609

GARY MERLINO CONSTRUCTION COMPANY, INC., Appellant, v. CITY OF SEATTLE, Respondent.

Court of Appeals of Washington, Division 1.

April 9, 2012.

Attorney(s) appearing for the Case

John Klor , William Alexander Masters , Wallace Klor & Mann PC, Lake Oswego, OR, for Appellant.

Anne Elizabeth Vold , Seattle City Attorneys Office, Seattle, WA, for Respondent, City of Seattle.

Steve Vinyard , Attorney at Law, Olympia, WA, for Respondent, Dept. of Labor & Industries.

APPELWICK, J.

¶ 1 Seattle Police Officer Danny Allen was injured directing traffic for Gary Merlino Construction Company Inc. The Department of Labor and Industries allowed his workers' compensation claim against the City of Seattle, but denied it against Merlino. The Board of Industrial Insurance Appeals and the superior court disagreed, finding that at the time of the injury, Allen was an employee of Merlino but not of the City of Seattle. Because Merlino had...

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