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FRIA v. STATE DEPT. OF LABOR & INDUSTRIES

No. 53653-2-I.

105 P.3d 33 (2004)

Richard FRIA, Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered January 24, 2005.

Attorney(s) appearing for the Case

Jerald D. Pearson, The Pearson Law Firm, Snoqualmie, WA, for Appellant.

William J. Blitz, Office of the Attorney General, Olympia, WA, for Respondent.

BECKER, J.

Richard Fria received worker's compensation for an injury, and he received additional funds as the result of a successful third party tort claim arising from the same injury. The Department of Labor and Industries asserts a right, in the event that Fria ever reopens his claim, to offset any payment of worker's compensation against his third party recovery. We reject Fria's contention that the statutory offset provision violates constitutional protections...

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