Kingery v. Department of Labor & Industries

Marie Kingery seeks vacation of an un-appealed 1983 Department of Labor and Industries (Department) order denying her widow benefits for her husband’s on-the-job death. She seeks equitable relief in court eight years after issuance of the Department’s original order, upon discovery of new evidence regarding the cause of her husband’s death.

Mrs. Kingery’s failure to timely appeal the 1983 order precludes her from re-arguing the same claim unless the order was void when entered. Because the order was not void when it was entered and she has not demonstrated equitable grounds for otherwise…