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ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Legal Roundup: Division III

 

Williams v. Leone & Keeble, Inc

Mr. Williams (no relation to this writer) was injured while on a job site in Idaho.  He filed a workers compensation claim with the State of Idaho.  Williams’ employer, Leone & Keeble, Inc. (“L&K”) was based in Spokane, Washington.  Idaho has an exclusive remedy for injured workers that does not allow the injured worker to bring a tort action against the employer. 

Williams then proceeded to file a tort action against his employer in Washington since that was the employer’s location.  L&K moved for dismissal based on lack of jurisdiction.  L&K’s argument was that Washington did not have jurisdiction over the issue because Idaho had already asserted jurisdiction over the issue when it accepted Williams’ benefits claim.  Thus L&K claimed that res judicata applied and jurisdiction was in Idaho.  The trial court agreed and dismissed the case.

Division III held that prior case law had already decided this issue.  The sole remedy for a worker’s injury is a claim for benefits to the Idaho Industrial Commission.  And if the injured party files a claim for benefits before bringing a tort action, then the Industrial Commission has the first right to determine jurisdiction and the determination “is res judicata upon the question of jurisdiction.”

So if you are injured while working in Idaho and your employer is in another state, run and file a lawsuit in the other state first and then file for benefits in Idaho.  Something seems wrong with this reasoning.

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