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RABEY v. DEPARTMENT OF LABOR AND INDUSTRIES

No. 18709-8-III.

3 P.3d 217 (2000)

101 Wash.App. 390

Kim D. RABEY, Dec'd, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES OF the STATE OF WASHINGTON, Appellant.

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

July 6, 2000.

Attorney(s) appearing for the Case

Mary Ann McIntosh, Asst. Atty. Gen., Wenatchee, for Appellant.

Jody A. Gross, Mark Roth, Hinton & Roth, Seattle, Mark J. Dynan, Tacoma, for Respondent.

BROWN, J.

The Department of Labor and Industries (Department) rejected Nancy Rabey's application for survivor benefits because she failed to file within one year of her husband's death. The Board of Industrial Insurance Appeal (Board) affirmed the order. The superior court reversed on equitable grounds, granting summary judgment to Mrs. Rabey. The Department appealed. We affirm.

FACTS

On January 20, 1996,...

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