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BIRRUETA v. DEPT. OF LABOR AND INDUSTRIES

No. 92215-2.

379 P.3d 120 (2016)

Jose L. BIRRUETA, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES OF THE STATE OF WASHINGTON, Petitioner.

Supreme Court of Washington, EN BANC.

Filed September 15, 2016.

Attorney(s) appearing for the Case

Paul Michael Weideman , Anastasia R. Sandstrom , Seattle Labor & Industries A.G. Office, 800 5th Ave Suite 2000 Seattle, WA, 98104-3188, for Counsel for Petitioner.

Michael V. Connell , Attorney at Law, P.O. Box 228, Yakima, WA, 98907-0228, for Counsel for Respondent.

Robert Andrew Battles , Association of Washington Business, 1414 Cherry St. Se, Olympia, WA, 98501-2341, Kristopher Ian Tefft , Washington Self-Insurers Association, 828 7th Ave Se, Olympia, WA, 98501-1509, Amicus Curiae on behalf of Association of Washington Business, Washington Self-Insurers Association.

¶ 1 After the Department of Labor and Industries (Department) learned it had been overpaying respondent Jose Birrueta's industrial insurance benefits for years, it issued two orders, one assessing an overpayment and another changing Birrueta's status from married to unmarried for compensation purposes. Because Birrueta was overpaid due...

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