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MARLER v. DEPARTMENT OF RETIREMENT SYSTEMS

No. 24203-6-II.

997 P.2d 966 (2000)

100 Wash.App. 494

Boyd MARLER, Appellant, v. DEPARTMENT OF RETIREMENT SYSTEMS, Respondent.

Court of Appeals of Washington, Division 2.

April 21, 2000.

Attorney(s) appearing for the Case

Jerome E. Westby, Assistant Attorney General, Olympia, for Respondent.

Michael S. Lind, David B. Vail & Associates, Tacoma, for Appellant.

BRIDGEWATER, C.J.

Boyd Marler appeals the decision of the superior court affirming the Department of Retirement Systems' denial of his application for a duty disability retirement allowance from the Public Employees' Retirement System, Plan I (PERS I). We hold that his claim is barred. Marler did not file within the two-year time period as required by RCW 41.40.200(1)(c), as measured from the time that he knew or should have known that he could not return to his former...

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