Cook

MEMORANDUM *

Joseph Cook appeals the district court’s grant of summary judgment in favor of Ocean Gold Seafoods, Inc. (“Ocean Gold”). The district court found that under the Washington Industrial Insurance Act (the “Act”) Cook was a “worker” within the meaning of Revised Code of Washington (“RCW”) section 51.08.180, and thus concluded that his civil action for damages was barred by RCW section 51.04.010. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

1. Genuine issues of material fact exist as to whether Ocean Gold had the requisite level of control over Cook to establish an employment relationship under the Act. See Novenson v. Spokane Culvert & Fabricating Co., 91 Wash.2d 550 , 588 P.2d 1174, 1176 (1979) (en banc) (“For purposes of [the Act], an employment relationship exists only when: (1) the employer has the right to control the servant’s physical conduct in the performance of his duties, and (2) there is consent by the employee to this relationship.”). Cook adduced evidence sufficient to defeat summary judgment, such as evidence that he had the ability to determine when, where, and how he worked to ensure the delivery…