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DELAGRAVE v. EMPLOYMENT SEC. DEPT. OF STATE

No. 22714-6-III.

111 P.3d 879 (2005)

Don DELAGRAVE, Appellant, v. EMPLOYMENT SECURITY DEPARTMENT OF THE STATE OF WASHINGTON, Respondent.

Court of Appeals of Washington, Division 3, Panel Five.

As Amended on Denial of Reconsideration July 19, 2005.

Attorney(s) appearing for the Case

Darrell K. Smart, Smart Law Offices PS, Yakima, WA, for Appellant.

Tomas S. Caballero, Attorney General of Washington, Wenatchee, WA, for Respondent.

SCHULTHEIS, J.

¶ 1 Don Delagrave seeks to reduce his obligation to the Employment Security Department (ESD) arising from overpayments it made to him. Mr. Delagrave received overlapping benefits from ESD and the Department of Labor and Industries (L & I) when he received a lump-sum retroactive time loss settlement from L & I that covered the same period he was receiving ESD benefits. He argues we should apply...

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