Gersema v. Allstate Insurance

¶1 James Gersema appeals the trial court’s affirmance of the Board of Industrial Insurance Appeals’ decision allowing his self-insured employer, Allstate Insurance Company, to offset his potential future industrial insurance benefits against his “excess recovery”1 from a third party tortfeasor responsible for his industrial injury. Gersema argues that this offset, authorized under RCW 51.24.060, is an unconstitutional taking of his property, namely general damages, for which Allstate has paid him no benefits.

Hunt, J. —

¶2 We affirm, holding that (1) RCW 51.24.060 is not unconstitutional, and…