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KINGERY v. DEPT. OF LABOR AND INDUSTRIES

No. 64035-1.

937 P.2d 565 (1997)

132 Wash.2d 162

Marie KINGERY, Widow of Willard J. Kingery, Deceased, Petitioner, v. DEPARTMENT OF LABOR AND INDUSTRIES OF THE STATE OF WASHINGTON, Respondent.

Supreme Court of Washington, En Banc.

Decided May 22, 1997.

Reconsideration Denied July 22, 1997.

Attorney(s) appearing for the Case

Gordon, Thomas & Honeywell, Joseph H. Gordon, Jr., Tacoma, for petitioner.

Christine Gregoire, Attorney General, Maureen A. Mannix, Asst., John R. Wasberg, Asst., Beverly Goetz, Asst., Seattle, for respondent.

TALMADGE, Justice.

Marie Kingery seeks vacation of an unappealed 1983 Department of Labor and Industries (Department) order denying her widow benefits for her husband's on-the-job death. She seeks equitable relief in court eight years after issuance of the Department's original order, upon discovery of new evidence regarding the cause of her husband's death.

Mrs. Kingery's failure to timely appeal the 1983 order precludes...

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