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DEPT. OF LABOR & INDUST. v. MULLINS

No. 18315-3-II.

912 P.2d 1098 (1996)

81 Wash.App. 115

DEPARTMENT OF LABOR AND INDUSTRIES, Respondent, v. Maston MULLINS, Jr., Appellant.

Court of Appeals of Washington, Division 2.

March 29, 1996.

Attorney(s) appearing for the Case

Richard E. Weiss, Small Snell Weiss & Comfort, P.S., Tacoma, for Appellant.

Diane Hunter Cornell, Labor & Industries Division, Office of Atty. Gen., Seattle, for Respondent.

SEINFELD, Chief Judge.

Maston Mullins, a recipient of workers' compensation benefits, challenges the Department of Labor and Industries' (L & I) distribution formula regarding a third party settlement. We conclude that L & I used the correct formula to calculate the distribution up to the date of the settlement. However, the retroactive application of RCW 51.24.060 requires an increase in L & I's share of attorneys' fees related to its reimbursement for...

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