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RHODES v. LABOR & INDUSTRIES

No. 51140-3.

103 Wn.2d 895 (1985)

700 P.2d 729

WAYNE G. RHODES, ET AL, Respondents, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

The Supreme Court of Washington, En Banc.

May 30, 1985.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Thornton Wilson, Assistant, for appellant.

Walsh, Margolis & Brousseau, by Harry Margolis, for respondents.

DOLLIVER, C.J.

The Department of Labor and Industries appeals from the trial court's decision holding the Department was barred by res judicata from collecting a disability reimbursement from plaintiff pursuant to RCW 51.12.100. We reverse.

The facts are undisputed. On May 3, 1976, plaintiff Rhodes was injured while working underwater in connection with bridge construction. On May 11, 1976, Rhodes filed an industrial insurance claim with the Department. He...

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