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JONES v. CITY OF OLYMPIA

No. 41988-2-II.

287 P.3d 687 (2012)

Dennis JONES, Appellant, v. CITY OF OLYMPIA and State of Washington Department of Labor and Industries, Respondents.

Court of Appeals of Washington, Division 2.

October 30, 2012.

Attorney(s) appearing for the Case

Ronald Gene Meyers , Ron Meyers & Associates PLLC, Kenneth B. Gorton , Attorney at Law, Lacey, WA, for Appellant.

Schuyler Tryon Wallace Jr. , William Alexander Masters , Wallace Klor & Mann PC, Lake Oswego, OR, Scott T. Middleton , Anastasia R. Sandstrom , Attorney General's Office, Seattle, WA, for Respondents.

HUNT, J.

¶ 1 Dennis Jones appeals the Board of Industrial Insurance Appeal's final order that the State of Washington Department of Labor and Industries ("the Department") properly calculated the RCW 51.24.0601 "recovery" and distribution to his employer, the City of Olympia, from his third-party tortfeasor settlement, which order the superior court affirmed. He argues that (1) under Tobin,2 neither...

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