Hanquet V. Department Of Labor And Industries

GROSSE, J. -- The Department of Labor and Industries (the Department) denied Frederic Hanquet's claim for workers' compensation benefits on the basis that he was a sole proprietor, not a worker. The Board of Industrial Insurance Appeals (the Board) reversed that determination, but denied the claim on the basis of a different exclusion. The superior court, upon Hanquet's further appeal, entered judgment denying his claim on both grounds. We reverse the superior court's judgment denying Hanquet's claim and hold (1) both the Board and the superior court erred by considering an exclusion which was beyond the scope of the issues upon which the Department passed; and (2) the superior court was without authority to review the Board's order reversing the Department's determination that Hanquet was not a worker.