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TOBIN v. DEPARTMENT OF LABOR & INDUSTRIES

No. 81946-7.

239 P.3d 544 (2010)

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

Supreme Court of Washington, En Banc.

Decided August 12, 2010.

Attorney(s) appearing for the Case

Michael King Hall , Jay Douglas Geck , Office of the Attorney General, Olympia, WA, for Petitioner.

David W. Lauman , Attorney at Law, Tacoma, WA, Philip Albert Talmadge , Talmadge/Fitzpatrick , Tukwila, WA, for Respondent.

Kristopher Ian Tefft , Olympia, WA, amicus counsel for Association of Washington Business & Washington Self-Insurers Association.

Bryan Patrick Harnetiaux , Spokane, WA, George M. Ahrend , Ahrend Law Firm, P.L.L.C., Moses Lake, WA, amicus counsel for Washington State Association for Justice Foundation.

Teri L. Rideout , Rumbaugh Rideout Barnett & Adkins, Tacoma, WA, amicus counsel for Washington State Labor Council AFL-CIO.

MADSEN, C.J.

¶ 1 Jim Tobin, an injured worker, received workers' compensation benefits and settled a lawsuit with the responsible third party, as authorized by Washington's third party recovery statute, chapter 51.24 RCW. A portion of the settlement funds was designated "pain and suffering" damages. Citing its authority under the statute to seek reimbursement for benefits paid, the Department of Labor and Industries (Department or L & I) used the entire settlement...

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