WEAVER v. CITY OF EVERETT

No. 96189-1.

450 P.3d 177 (2019)

Michael WEAVER, Respondent, v. CITY OF EVERETT and State of Washington, Department of Labor & Industries, Petitioners.

Supreme Court of Washington.

Filed October 17, 2019.


Attorney(s) appearing for the Case

Alexander Yurivich Jouravlev , Anastasia R. Sandstrom , Attorney at Law, 800 5th Avenue, Suite 2000, Seattle, WA 98104-3188, Mame J. Horstman , Pratt Day & Stratton PLLC, 2102 N. Pearl Street. Suite 106, Tacoma, WA 98406-2550, for Petitioners.

Thomas Jeffrey Keane , Keane Law Offices, 100 NE Northlake Way, Suite 200, Seattle, WA 98105-6871, for Respondent.

Kristopher Ian Tefft , Washington Self-Insurers Association, 828 7th Avenue SE, Olympia, WA 98501-1509, William Alexander Masters , John Klor , Wallace Klor Maim Capener & Bishop PC, 5800 Meadows Road, Suite 220, Lake Oswego, OR 97035-8246, for Amici Curiae (Archbright), (Associated Builders and Contractors), (Associated General Contractors), (Mechanical Contractors Association), (National Federation of Independent Business), (Washington Farm Bureau), (Washington Food Industry Association), (Washington Self-Insurers Association).

Julie Sund Nichols , Whitehouse & Nichols LLP, P.O. Box 1273, Shelton, WA 98584-0952, for Amicus Curiae (Building Industry Association of Washington).

Valerie Davis McOmie , Attorney at Law, 4549 NW Aspen Street, Camas, WA 98607-8302, Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Avenue, Suite 1300, Spokane, WA 99201-0305, for Amicus Curiae (Washington State Association for Justice Foundation).

Kathleen G. Sumner , Law Offices of Kathleen G. Sumner, P.O. Box 250, Hampstead, NC 28443, Amie Christine Peters , Blue Water Legal PLLC, P.O. Box 83, Edmonds, WA 98020-0083, for Amicus Curiae (Workers' Injury Law and Advocacy Group).


¶1 A firefighter contracted melanoma and filed a temporary disability claim, which the Department of Labor and Industries (Department) denied, finding that the melanoma was not work related. Later, the melanoma spread to the firefighter's brain, and he filed a permanent disability claim, which the Department denied as precluded by...

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