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GERSEMA v. ALLSTATE INS. CO.

No. 31734-6-II.

112 P.3d 552 (2005)

James W. GERSEMA, Appellant, v. ALLSTATE INSURANCE COMPANY, a Self-Insured Employer under Title 51 RCW, and The Department of Labor and Industries, State of Washington, Respondents.

Court of Appeals of Washington, Division 2.

May 24, 2005.

Attorney(s) appearing for the Case

William J. Blitz, Office of the Attorney General, Olympia, WA, Christopher Stephen Cicierski, Deborah Janine Lazaldi, Lazaldi Bender & Cicierski, Seattle, WA, for Respondent.

Stanley Jay Rumbaugh, Rumbaugh Rideout & Barnett, Tacoma, WA, for Appellant.

HUNT, J.

¶ 1 James Gersema appeals the trial court's affirmance of the Board of Industrial Insurance Appeals' decision allowing his self-insured employer, Allstate Insurance Company, to offset his potential future industrial insurance benefits against his "excess recovery"1 from a third party tortfeasor responsible for his industrial injury. Gersema argues that this offset, authorized under...

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