POTTER v. DEPARTMENT OF RETIREMENT SYSTEMS

No. 24741-1-II.

999 P.2d 1280 (2000)

100 Wash.App. 898

J. Heather POTTER, Respondent, v. DEPARTMENT OF RETIREMENT SYSTEMS, Appellant.

Court of Appeals of Washington, Division 2.

May 26, 2000.


Attorney(s) appearing for the Case

Jerome E. Westby, Asst. Atty. Gen., Olympia, for Appellant.

Will Hatch, Tacoma, for Respondent.


SEINFELD, J.

This Department of Retirement Systems (Department) appeal raises the question of when the statute of limitations began to run on J. Heather Potter's claim for duty disability retirement benefits. We agree with the Department that the limitation period began to run when Potter's compensable injury causing total incapacity became apparent, and we hold that an injury becomes apparent when a worker knows or should have known that she was no longer able to...

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