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DI PIETRO TRUCKING CO. v. DEPT. OF LABOR & IND.

No. 33990-1-II.

145 P.3d 419 (2006)

DI PIETRO TRUCKING CO., Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 2.

October 24, 2006.

Attorney(s) appearing for the Case

Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Appellant.

James Stone Johnson, Attorney Generals Office, Olympia, WA, for Respondent.

HUNT, J.

¶ 1 Di Pietro Trucking Co. appeals a Board of Industrial Insurance Appeals order upholding the Department of Labor and Industries' (L&I) calculation of Di Pietro's increased industrial insurance premium following payment of a work related death claim. Di Pietro argues that L&I exceeded its authority under RCW 51.16.035 in adopting WAC 296-17-870(3), which allows L&I to increase an employer's industrial insurance premium based on the "average...

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