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STEVEDORING SERV. OF AMERICA v. EGGERT

No. 62695-2.

914 P.2d 737 (1996)

129 Wash.2d 17

STEVEDORING SERVICES OF AMERICA, INC., formerly Seattle Stevedore Company, a California corporation, Petitioner/Cross-Respondent, v. Edward M. EGGERT and Jodi Eggert, husband and wife, and the marital community composed thereof, Respondents/Cross-Petitioners.

Supreme Court of Washington, En Banc.

April 18, 1996.

Attorney(s) appearing for the Case

Jay A. Williamson, Seattle, Thomas S. Williamson, Jr., Carol A. De Deo, Joshua T. Gillelan, II, Washington, DC, Amicus Curiae, for Director Office of Workers Compensation.

Williams, Kastner & Gibbs, Richard M. Slagle, Mary H. Spillane, Seattle, for Petitioner.

James R. Walsh, Lynnwood, Craig R. Elkins, Bellevue, for Respondents.

MADSEN, Justice.

At issue is a claim for overpayment made under the Federal Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 918 (LHWCA). The Court of Appeals held that the LHWCA preempts state law remedies for overpayment. We reverse.

FACTS

In February 1980, Respondent Edward Eggert (Eggert), a longshoreman in the employ of Appellant, Stevedoring Services of America (SSA), filed a claim...

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