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DAVIS v. STATE DEPT. OF LABOR & INDUSTRIES

No. 38527-9-II.

245 P.3d 253 (2011)

Sharon DAVIS and Batyah Chliek, individually and on behalf of all others similarly situated, Respondents, James Booth, Plaintiff, v. WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRIES, an agency of the State of Washington; and Judy Schurke, in her capacity as the Director of the Washington State Department of Labor & Industries, Appellants.

Court of Appeals of Washington, Division 2.

January 19, 2011.

Attorney(s) appearing for the Case

Dustin John Dailey , Attorney at Law, Olympia, WA, Petitioners.

Michael David Myers , Ryan Christopher Nute , Myers & Company PLLC, Seattle, WA, for Respondents.

ARMSTRONG, J.

¶ 1 Sharon Davis, Batyah Chliek, and James Booth filed a class action lawsuit in Thurston County Superior Court, alleging that the Department of Labor and Industries impermissibly allocated portions of their third party settlements to reimburse the workers' compensation fund. On summary judgment, the superior court declined to address whether it had subject matter jurisdiction over the claims and whether the named plaintiffs had exhausted their...

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