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ASH v. DEPT. OF LABOR & INDUSTRIES

No. 30588-1-III.

294 P.3d 834 (2013)

Eric T. ASH dba Par Oneri Concrete, Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR & INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 3.

February 14, 2013.

Attorney(s) appearing for the Case

Janelle Carman , Carman Law Office, Walla Walla, WA, for Appellant.

Annika Michelle Scharosch , Washington State Attorney General's Office, Spokane, WA, for Respondent.

KORSMO, C.J.

¶ 1 The trial court dismissed Eric Ash's appeal of an assessment from the Department of Labor and Industries (DLI) for failure to seek a hardship waiver prior to filing the action. We agree that RCW 51.52.112 as written does not require the prepayment and remand to the trial court to consider his hardship petition.

FACTS

¶ 2 Mr. Ash, doing business as Par Oneri Concrete, has a long-running dispute with DLI concerning his failure...

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