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LYNN v. STATE DEPT. OF LABOR & INDUSTRIES

No. 55251-1-I.

125 P.3d 202 (2005)

130 Wash.App. 829

Jimmy LYNN, Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division One.

December 19, 2005.

Attorney(s) appearing for the Case

Donna L. Mack, Seattle, WA, for Appellant.

Portia Therese C. Guerrero, Office of the Attorney General, Scott Kinney & Fjelstad, Seattle, WA, for Respondent.

ELLINGTON, J.

¶ 1 In 1999, the Department of Labor and Industries entered a final order calculating Jimmy Lynn's compensation benefits. Lynn did not appeal. In 2001, in Cockle v. Department of Labor and Industries,1 the Washington Supreme Court ruled that the value of health care benefits must be included in calculating workers' compensation. Lynn contends that under RCW 51.28.040, Cockle constituted a change of circumstances...

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