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BARRETO GARCIA v. GROWERS

No. 38676-7-III.

523 P.3d 788 (2022)

Rafael BARRETO GARCIA, Respondent, v. Stemilt GROWERS, Appellant.

Court of Appeals of Washington, Division 3.

Ordered Published Date January 31, 2023.

Attorney(s) appearing for the Case

Lawrence Edward Mann , Wallace Klor Mann Capener & Bishop PC, 5800 Meadows Rd Ste. 220, Lake Oswego, OR, 97035-8246, for Appellant.

Marcus Richard Henry , Smart Law Offices P.S., P.O. Box 7284, Kennewick, WA, 99336-0617, Anastasia R. Sandstrom , Attorney General's Office, 800 5th Ave. Ste. 2000, Seattle, WA, 98104-318, for Respondent.

¶ 1 Stemilt Growers appeals the trial court's order reopening Rafael Barreto Garcia's industrial insurance claim on the basis that his condition is not "fixed and stable" within the meaning of WAC 296-20-01002(3). We hold that a condition is not "fixed and stable" if a fundamental or marked change in an accepted condition...

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