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MILLS v. LABOR AND INDUSTRIES

No. 30766-5-I.

72 Wn. App. 575 (1994)

865 P.2d 41

MARVIN MILLS, Appellant, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

The Court of Appeals of Washington, Division One.

January 18, 1994.

Attorney(s) appearing for the Case

Corrie Yackulic, James D. Hailey, and Schroeter, Goldmark & Bender P.S., for appellant.

Christine O. Gregoire, Attorney General, and Jeffrey E. Boyer, Assistant, for respondent.

AGID, J.

Marvin Mills appeals the trial court's summary judgment affirming the Department of Labor and Industries' (the Department) right to assert a lien against Mrs. Mills' recovery from third party tortfeasors for loss of consortium. We affirm.

The parties do not dispute the facts. Marvin Mills contracted lung disease as a result of occupational exposure. In 1983, Mr. Mills filed a claim for workers' compensation...

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