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SEBASTIAN v. DEPT. OF LABOR AND INDUSTRIES

No. 42360-6-I.

974 P.2d 374 (1999)

Robert SEBASTIAN, Appellant, v. STATE of Washington, DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 1.

April 12, 1999.

Attorney(s) appearing for the Case

William D. Hochberg, Sara S. Smith, Law Office of William Hochberg, Edmonds, for Appellant.

Karen Galipeau Forner, Assistant Attorney General, Seattle, for Respondent.

ELLINGTON, J.

Robert Sebastian sought compensation under the Crime Victims Compensation Act, RCW 7.68, after he was injured in an assault. His total loss exceeded the statutory cap on "benefits payable" under the Act. The Department of Labor and Industries ("the Department") awarded him the statutory cap minus the amount of the Social Security benefits he received. Sebastian claims that the amount of Social Security benefits should have been deducted from his total...

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