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DEPT. OF LABOR AND INDUS. v. FREEMAN

No. 15645-1-III.

940 P.2d 304 (1997)

87 Wash.App. 90

STATE of Washington DEPARTMENT OF LABOR AND INDUSTRIES, Appellant, v. Roy FREEMAN, Respondent.

Court of Appeals of Washington, Division 3, Panel Seven.

July 22, 1997.

Attorney(s) appearing for the Case

Lesley A. Allan, Asst. Attorney General, Wenatchee, for Appellant.

George J. Schwab, II, Calbom & Schwab, Moses Lake, for Respondent.

KURTZ, Judge.

Roy Freeman was injured in an industrial accident on June 20, 1989, but died of unrelated causes while his workers' compensation claim file was still open. After Mr. Freeman's death, the Department of Labor and Industries (the Department) determined Mr. Freeman had been totally and permanently disabled as a result of the industrial accident and paid pension benefits to Mrs. Freeman pursuant to option II of RCW 51.32.067. Following Mrs. Freeman's protest...

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