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SMITH v. EMPLOYMENT SEC. DEPT.

No. 38895-6-III.

525 P.3d 1019 (2023)

Kyle J. SMITH, Appellant, v. State of Washington, EMPLOYMENT SECURITY DEPARTMENT, Respondent.

Court of Appeals of Washington, Division 3.

Filed March 23, 2023.

Attorney(s) appearing for the Case

John Tirpak , Unemployment Law Project, 1904 3rd Ave. Ste. 604, Seattle, WA, 98101-1160, for Appellant.

Aaron Jacob Berger Smith , Attorney at Law, 1125 Washington St. Se., Olympia, WA, 98501-2283, for Respondent.

PUBLISHED OPINION

¶1 This appeal asks whether an employee, who takes a leave of absence because of COVID-19 from work requiring a physical presence, may receive unemployment benefits. Appellant Kyle Smith temporarily left work, during the early months of the pandemic, because of an immunocompromised roommate. We hold that...

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