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VANHESS v. DEPARTMENT OF LABOR & INDUSTRIES

No. 33200-1-II.

130 P.3d 902 (2006)

Mark P. VANHESS, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES OF the STATE OF WASHINGTON, Appellant, Northwest Rock, Inc., Defendant.

Court of Appeals of Washington, Division 2.

March 28, 2006.

Attorney(s) appearing for the Case

Wayne L. Williams, Williams Wyckoff & Ostrander PLLC, Olympia, WA, for Respondent.

Steve Vinyard, Attorney at Law, Olympia, WA, for Appellant.

VAN DEREN, J.

¶ 1 The Department of Labor and Industries (Department) appeals the trial court's reversal of its denial of a recalculation of Mark P. VanHess's time loss compensation rate to reflect the value of health care formerly paid by his employer. The Department allowed VanHess's claim for an industrial injury he sustained in December 1996. In September 1998, the Department calculated VanHess's time loss compensation rate without including employer-provided...

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