The Washington Court of Appeals on Monday issued an advisory that “the apples-to-oranges application of common-law doctrines to statutory claims” can result in “a distasteful fruit salad of injustice” in the wrong case.
Michael Weaver’s case provided one such example.
Weaver had worked for the City of Everett as a firefighter. In 2011, he noticed a mole on his left shoulder. The mole was removed, and a biopsy revealed that it contained a malignant melanoma.
Weaver filed a workers’ compensation claim asserting that the melanoma had been caused by his expos...
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