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TOBIN v. DEPARTMENT OF LABOR & INDUSTRIES

No. 36031-4-II.

187 P.3d 780 (2008)

Jim A. TOBIN, Respondent, v. DEPARTMENT OF LABOR & INDUSTRIES, Appellant.

Court of Appeals of Washington, Division 2.

July 1, 2008.

Attorney(s) appearing for the Case

Michael King Hall, Office of the Atty. General, Olympia, WA, for Appellant.

David W. Lauman, Attorney at Law, Tacoma, WA, for Respondent.

QUINN-BRINTNALL, J.

¶ 1 The Department of Labor and Industries (L & I) appeals the superior court's finding that L & I cannot seek reimbursement from the portion of Jim A. Tobin's third party recovery compensating him for his pain and suffering following a work-related injury that he sustained when a crane boom crushed him. L & I argues that the statutory reimbursement use of the term "recovery" includes "all damages except loss of consortium" and...

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