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JANSSEN v. STATE DEPT. OF LABOR & INDUSTRIES

No. 30750-2-II.

105 P.3d 431 (2005)

John JANSSEN; Charles Bartley; Tommy Catlett; Selina Catterlin; Raymond Coult; Connie Jacques; Yong Chu Johnson; Arthur Jones; Dennis Lynn; Casimo Lupo; John Peterson; Ernest Spooner; Cecil Willis; Bill Ostrander, Respondents/Cross-Appellants, v. WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRIES, Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 2.

January 25, 2005.

Attorney(s) appearing for the Case

Emmelyn Hart-Biberfeld, Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, Jennifer Margareta Cross-Euteneier, Attorney at Law, Carroll Guy Rusk, Law Offices of David B Vail, Tacoma, WA, for Respondent/Cross-Appellants.

Richard Steven Puz, Office of The Attorney General, Olympia, WA, for Appellant/Cross-Respondent.

PART PUBLISHED OPINION

ARMSTRONG, J.

The Department of Labor & Industries appeals a Board of Industrial Insurance Appeals decision (affirmed by the superior court) that it improperly deducted interest it paid on permanent partial disability payments to workers when it later converted the workers' claims to permanent total disability pensions. The workers cross appeal, arguing that the Department miscalculated cost-of-living adjustments; Janssen contends...

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