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POTTER v. DEPARTMENT OF LABOR AND IND.

No. 23726-1-II.

3 P.3d 229 (2000)

101 Wash.App. 399

Annette POTTER, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

Court of Appeals of Washington, Division 2.

July 7, 2000.

Attorney(s) appearing for the Case

Lisa Marsh, Assistant Attorney General, Olympia, for Appellant.

Carol L. Casey, Gerald Lee Casey, Casey & Casey P.S., Port Orchard, for Respondent.

SEINFELD, J.

This case involves the right of the Department of Labor and Industries (Department) to reduce its payment for past-due disability benefits by the amount of Social Security disability benefits the recipient received for the same time period. The superior court ruled that RCW 51.32.220 does not allow the Department to make this deduction retroactively. We disagree and, thus, reverse and remand.

FACTS

According to the parties' stipulation...

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