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Abuse-of-Discretion Standard of Review Applies to Readjustment of Worker's Benefits

Wednesday, March 23, 2022 | 0

The Washington Court of Appeals ruled that an abuse-of-discretion standard of review applies to a decision by the Department of Labor and Industries to adjust a worker’s benefits for an aggravation of his disability. Case: Department of Labor and Industries v. Higgins, No. 55148-9-II, 03/08/2022, published. Facts and procedural history: George Higgins Sr. suffered an industrial injury while working as an electrician's helper in 1989. That claim was closed in 1992 with a category 2 partial permanent disability award. Higgins attempted to reopen his claim in 1993 and 1994, but the De...

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