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REYNOLDS v. INS. CO. OF NORTH AMERICA

No. 2843-3.

23 Wn. App. 286 (1979)

592 P.2d 1121

EMIL A. REYNOLDS, Appellant, v. THE INSURANCE COMPANY OF NORTH AMERICA, Respondent.

The Court of Appeals of Washington, Division Three.

As amended by order May 7, 1979.

Attorney(s) appearing for the Case

Charles B. Phillips, for appellant.

John W. Lohrmann, for respondent.

[As amended by order of the Court of Appeals May 7, 1979.]

GREEN, C.J.

In June 1971, Mr. Reynolds was injured at work, and he accepted as compensation a monthly pension from The Insurance Company of North America (INA), his employer's voluntary workmen's compensation carrier. The pension amount was based on what Mr. Reynolds would have received had he been covered by the workmen's compensation act. In 1977, he brought this action against INA,

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