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DEPT. OF LABOR AND INDUSTRIES v. SHIRLEY

No. 66994-0-I.

288 P.3d 390 (2012)

DEPARTMENT OF LABOR AND INDUSTRIES, Appellant, v. Brian I. SHIRLEY, Deceased, Respondent.

Court of Appeals of Washington, Division 1.

November 13, 2012.

Attorney(s) appearing for the Case

Scott T. Middleton , Attorney General's Office, Seattle, WA, Steve Vinyard , Attorney at Law, Olympia, WA, for Appellant.

Benjamin Riverbed Sligar , Davies Pearson , Tacoma, WA, for Respondent.

LAU, J.

¶ 1 A surviving spouse of an industrial worker whose death is work-related is entitled to compensation under the Industrial Insurance Act, Title 51 RCW. Brian Shirley suffered an industrial injury in 2004. He died accidentally in 2007 after ingesting multiple prescription medications — prescribed to treat pain resulting from the industrial injury — simultaneously with alcohol. The Department of Labor and Industries appeals a superior court...

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