Birrueta v. Department of Labor & Industries

¶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 solely to an innocent misrepresentation about his marital status made on his behalf, we hold the Department’s orders were timely and authorized in accordance with RCW 51.32.240(1)(a). We therefore reverse the Court of Appeals and reinstate the ruling of the…