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O'KEEFE v. STATE, DEPT. OF LABOR & INDUS.

No. 31445-2-II.

109 P.3d 484 (2005)

Dennis O'KEEFE, Appellant, v. STATE of Washington, DEPARTMENT OF LABOR & INDUSTRIES; and Woodinville Lumber, Inc., Respondents.

Court of Appeals of Washington, Division 2.

April 5, 2005.

Attorney(s) appearing for the Case

Terry James Barnett, Rumbaugh Rideout & Barnett, Tacoma, WA, for Appellant.

Terry Dale Peterson, Attorney at Law, Everett, WA, Kay Allison Germiat, Attorney Generals Office, Tacoma, WA, for Respondents.

ARMSTRONG, J.

¶ 1 Dennis O'Keefe sustained an industrial injury and began receiving time loss compensation for a temporary total disability (TTD). He returned to a modified job with his employer of injury, but the employer fired him for disciplinary reasons. The Board of Industrial Insurance Appeals (BIAA) and the superior court affirmed the Department of Labor and Industries' (the Department) decision not to resume O'Keefe's TTD payments. O'Keefe now appeals...

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