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DUSKIN v. CARLSON

No. 37005-7-I.

922 P.2d 1373 (1996)

83 Wash.App. 694

Gordon Gary DUSKIN and L. Marie Duskin, Appellants, v. Kenneth CARLSON and Jane Doe Carlson, and their marital community; and the Department of Labor and Industries of the State of Washington, Respondents.

Court of Appeals of Washington, Division 1.

September 30, 1996.

Attorney(s) appearing for the Case

David Earl Duskin, Bailey Duskin & Jarvill, Arlington, for Appellants.

Diane H. Cornell, Office of Atty. General, Labor & Industries Division, George W. McLean, Julin Fosso Sage McBride & Mason, Seattle, for Respondents.

PER CURIAM.

An injured worker may sue a third party for damages under the industrial insurance third party action statute. Or the worker may assign the action to the Department of Labor and Industries. The action is automatically assigned if the worker does not answer the Department's "written demand" to decide whether to sue. In this case, the Department wrote to Gordon Duskin, briefly describing third party actions, and advised him "(A) You may seek recovery yourself...

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