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MALANG v. DEPARTMENT OF L&I

No. 34504-8-II.

162 P.3d 450 (2007)

Crystal E. MALANG, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Appellant.

Court of Appeals of Washington, Division 2.

July 17, 2007.

Attorney(s) appearing for the Case

Terry James Barnett, Tacoma, WA, for Respondent.

Barbara Noel Bailey, Attorney Generals Office, Tacoma, WA, for Appellant.

HOUGHTON, C.J.

¶ 1 The Department of Labor and Industries (L & I) appeals from an order reversing its calculation of Crystal Malang's wages. The plain language of RCW 51.08.178(1) provides that "wages" are remuneration from an employer. Further, RCW 51.08.070(1), .180(1) and .195 provide tests to determine whether Crescent Realty, Inc. or Malang's sole proprietorship is her employer. Because the Board of Industrial Insurance Appeals

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