KINGERY v. DEPT. OF LABOR

No. 17873-7-II.

910 P.2d 1325 (1996)

80 Wash.App. 704

Marie KINGERY, widow of Willard J. Kingery, deceased, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

Court of Appeals of Washington, Division 2.

Reconsideration Denied March 25, 1996.

As Amended April 19, 1996.


Attorney(s) appearing for the Case

Michael K. Davis-Hall, Pittsfield, MA, for appellant.

Joseph Harold Gordon, Gordon Thomas Honeywell, Tacoma, for respondent.


BRIDGEWATER, Judge.

We are asked to decide whether the superior court had the authority to vacate a Department of Labor and Industries' 1983 final order denying a widow's application for survivor benefits, when the widow reapplies in 1991 with new expert testimony tending to show industrial injuries rather than a heart attack caused her husband's 1983 death. We hold that the 1991 application was barred by res judicata, and the superior court was without authority...

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