
    [No. 64161-1-I.
    Division One.
    October 25, 2010.]
    Herman Bates, Respondent, v. The Department of Labor and Industries, Defendant, Clark Heavy Construction, Inc., Appellant.
    
   Appeal from a judgment of the Superior Court for King County, No. 08-2-22253-5, Timothy A. Bradshaw, J., entered August 19, 2009. Affirmed by unpublished opinion per

Lau, J.,

concurred in by Grosse and Appelwick, JJ.  