Flanigan v. Department of Labor & Industries

In these two consolidated cases we review conflicting decisions from different divisions of the Court of Appeals. In each case, the spouse of a worker killed on the job obtained workers’ compensation benefits and also recovered damages for loss of consortium in a suit against a third party. The Department of Labor and Industries (Department) claimed a portion of each third party recovery as reimbursement for the workers’ compensation benefits it had paid.

We hold the Department’s right to reimbursement does not extend to a spouse’s third party recovery for loss of consortium. We affirm the…