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HUBBARD v. DEPT. OF LABOR AND INDUSTRIES

No. 16792-5-III.

965 P.2d 1136 (1998)

Allen HUBBARD, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES OF the STATE OF WASHINGTON, Respondent.

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

Reconsideration Denied December 23, 1998.

Attorney(s) appearing for the Case

Michael J. Walker, Delay, Curran, Thompson & Pontarolo, Spokane, for Appellant.

John R. Wasberg, Assistant Attorney General Dept. of Labor & Industries,, Seattle, for Respondent.

SCHULTHEIS, Chief Judge.

The issue presented in Allen Hubbard's Department of Labor and Industries (L & I) aggravation claim is whether the proper date for comparison of earning power during the aggravation period is the date of injury or the date of claim closure. Because we decide that the date of injury establishes the proper date, we reverse the trial court's summary dismissal of Mr. Hubbard's claim.

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