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NELSON v. DEPT. OF LABOR AND INDUSTRIES

No. 42456-8-II.

308 P.3d 686 (2013)

175 Wn. App. 718

Lois J. NELSON, deceased, Appellant, v. WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Washington, Division 2.

Publication Ordered August 9, 2013.

Attorney(s) appearing for the Case

Jennifer Margareta Cross-Euteneier , Vail Cross-Euteneier & Associates, Tacoma, WA, Sidney Charlotte Tribe , Talmadge/Fitzpatrick, Tukwila, WA, for Appellants.

Kay Allison Germiat , Office of the Attorney General, Tacoma, WA, for Respondent.

PANEL: VAN DEREN, J.T.P., WORSWICK, C.J. and PENOYAR, J.

PENOYAR, J.

¶ 1 Lois Nelson was injured on the job in 2003. Between the time of her injury and her unrelated death in 2006, she received medical and vocational services and some time-loss benefits for temporary total disability. After she died, the Washington State Department of Labor and Industries (Department) closed her claim in an order that categorized her as permanently totally disabled. This prevented any award...

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