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FLANIGAN v. DEPT. OF LABOR AND INDUSTRIES

No. 11458-9-III.

65 Wn. App. 119 (1992)

827 P.2d 1082

RICHARD R. FLANIGAN, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

The Court of Appeals of Washington, Division Three.

April 16, 1992.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Beverly N. Goetz, Assistant, for appellant.

Carol L. Eng, Mary M. Palmer, and Paine, Hamblen, Coffin, Brooke & Miller, for respondent.

SHIELDS, C.J.

The trial court reversed a decision of the Board of Industrial Insurance Appeals which required Janice Flanigan to reimburse the industrial insurance fund for surviving spouse's benefits paid her after she was awarded recovery for her husband's death in a third party action. The court held her separate award for loss of consortium was not subject to a right of reimbursement. The Department of Labor and Industries appeals, contending it is. We affirm...

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