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FLANIGAN v. LABOR & INDUSTRIES

Nos. 59298-5; 59307-8.

123 Wn.2d 418 (1994)

869 P.2d 14

RICHARD FLANIGAN, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Petitioner. MIRIAM DOWNEY, Petitioner, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

The Supreme Court of Washington, En Banc.

March 3, 1994.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, and Beverly Norwood Goetz, Assistant, for the State.

Richard J. Hilfer and Castle, Schnautz & Hilfer, for petitioner Downey.

Paine, Hamblen, Coffin, Brooke & Miller, by Mary M. Palmer, for respondent Flanigan.

JOHNSON, J.

In these two consolidated cases we review conflicting decisions from different divisions of the Court of Appeals. In each case, the spouse of a worker killed on the job obtained workers' compensation benefits and also recovered damages for loss of consortium in a suit against a third party. The Department of Labor and Industries (Department) claimed a portion of each third party recovery as reimbursement for the workers' compensation benefits it had paid...

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