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SHAFER v. DEPARTMENT OF LABOR & INDUS.

No. 58454-5-I.

159 P.3d 473 (2007)

Kelly L. SHAFER, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Respondent.

Court of Appeals of Washington, Division 1.

June 11, 2007.

Attorney(s) appearing for the Case

Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, Corey L Endres, Vail, Cross-Euteneier & Associates, Tacoma, MRS Sidney Charlotte Tribe, Seattle, Counsel for Appellants.

Pat L. De Marco, Attorney Generals Office, Dilek F. Aral-Still, Attorney Generals Office, Tacoma, Counsel for Respondents.

ELLINGTON, J.

¶ 1 We must decide whether an order closing an industrial insurance claim becomes final where the order is based upon the opinion of a physician hired by the Department of Labor and Industries, and the closure is not communicated to the worker's treating physician. We hold that under the circumstances here, the order is not final.

BACKGROUND

¶ 2 Kelly Shafer worked as a waitress...

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