Potter v. Department of Labor & Industries

This case involves the right of the Department of Labor and Industries (Department) to reduce its payment for past-due disability benefits by the amount of Social Security disability benefits the recipient received for *402the same time period. The superior court ruled that RCW 51.32.220 does not allow the Department to make this deduction retroactively. We disagree and, thus, reverse and remand.

Facts

According to the parties’ stipulation, Annette Potter sustained an industrial injury in 1987. She applied for and received workers’ compensation disability benefits and the Department closed her…