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WILLOUGHBY v. DEPT. OF LABOR & INDUSTRIES

No. 71950-1.

57 P.3d 611 (2002)

Tony WILLOUGHBY, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES OF THE STATE OF WASHINGTON, Appellant. Lennie T. Cain, Respondent, v. Department of Labor and Industries of the State of Washington, Appellant.

Supreme Court of Washington, En Banc.

Decided November 14, 2002.

Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, John Wasberg, Assistant Attorney General, Seattle, Kames Johnson, Assistant Attorney General, Olympia, for Appellant.

Tony Willoughby, appearing pro se.

Lennie Cain, appearing pro se.

Bryan Harnetiaux, Debra Stephens, Spokane, Amicus Curiae on Behalf of Washington State Trial Lawyers Association.

SANDERS, J.

Tony Willoughby and Lennie Cain challenge the validity of RCW 51.32.040(3)(a) and 72.60.102's bar against disbursing industrial insurance permanent partial disability benefits to prisoners who have no statutory beneficiaries and are unlikely to be released from prison. Judge Schacht of the Walla Walla County Superior Court found these statutes worked a forfeiture of the prisoners' property contrary to RCW 9.92...

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