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MESSER v. DEPARTMENT OF LABOR & INDUSTRIES

No. 51244-7-I.

77 P.3d 1184 (2003)

Robert C. MESSER, Appellant, v. DEPARTMENT OF LABOR & INDUSTRIES OF THE STATE OF WASHINGTON, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered October 7, 2003.

Attorney(s) appearing for the Case

Brock David Stiles, Sedro Woolley, WA, for Appellant.

Richard Steven Puz, Office of The Attorney General, Olympia, WA, for Respondent.

COLEMAN, J.

Robert Messer appeals the calculation of his pension benefits by the Department of Labor & Industries. He claims that the Department improperly relied upon an annuity chart (Table C) based upon outdated life expectancy data from 1979-81. He also claims that the Department's method for recouping a previously-paid permanent partial disability award results in an excessive reduction of monthly pension benefits.

Because substantial evidence supported...

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