REED, J.
The nature of this appeal and the issues presented will become apparent with a short recitation of the facts. On October 25, 1973 Larry Whalen was injured while in the course of his employment. Thereafter, he collected workers' compensation. He also elected to pursue his statutory right to bring an action against a third party tortfeasor. The claim was settled in 1978.
The Department of Labor and Industries (Department) is entitled to reimbursement...
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