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CLINGAN v. LABOR & INDUSTRIES

No. 31836-5-I.

71 Wn. App. 590 (1993)

860 P.2d 417

JONATHAN R. CLINGAN, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

The Court of Appeals of Washington, Division One.

November 1, 1993.

Attorney(s) appearing for the Case

Paul J. Delay; Robert H. Thompson and Walthew, Warner, Costello, Thompson & Eagan, P.S., for appellant.

Christine O. Gregoire, Attorney General, and Kathryn I. Eims, Assistant, for respondent.

AGID, J.

Marjorie Clingan sought an industrial insurance surviving spouse benefit, RCW 51.32.050(6), claiming that because her dissolution decree had been set aside nunc pro tunc after the death of her ex-husband, she was still his spouse and entitled to benefits. The Department of Labor and Industries (DLI) denied the claim, and the Board of Industrial Insurance Appeals (the Board) and King County Superior Court (King County) affirmed the denial of benefits. Finding...

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