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O'ROURKE v. LABOR & INDUSTRIES

No. 23745-4-I.

57 Wn. App. 374 (1990)

788 P.2d 17

TIMOTHY O'ROURKE, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

The Court of Appeals of Washington, Division One.

March 26, 1990.

Attorney(s) appearing for the Case

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

Patrick H. LePley, for respondent.

SCHOLFIELD, J.

The State of Washington Department of Labor and Industries (the Department) appeals the trial court's reversal of the Board of Industrial Insurance Appeals' decision requiring Timothy O'Rourke to reimburse the Department for benefits paid to him because he received a recovery from his employer's UIM policy. We reverse.

FACTS

On July 17, 1984, O'Rourke was injured while driving his employer's vehicle in the course of his employment...

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