In Department of Labor & Industries v. Shirleythe Washington Court of Appeals concluded that an industrial worker’s death was “proximately caused” by an industrial accident where, years after the original injury, the worker simultaneously ingested alcohol and several medications that had been prescribed to treat pain resulting from the accident.  Such activity, the court ruled, was neither reckless nor something that the worker would not reasonably be expected to engage in.  As noted by the dissent, the majority’s analysis appears to overlook principles of forseeability (cause in fact) and public policy (legal causation).
Continue Reading Washington Court Of Appeals Affirms Broad Right Of Recovery Under Industrial Insurance Act