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Legal Opinion

Tobin v. Department of Labor & Industries

Washington Supreme Court

Decided August 12, 2010No. 81946-7PublishedCited by 15 opinions

1Opinion of the CourtMadsen, 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 sum in its reimbursement calculation and the Board of Industrial Insurance Appeals (Board) affirmed. Tobin appealed, and the trial court…

2Cases cited11 opinions

  1. State v. J.P.Washington Supreme Court · 2003
  2. Cockle v. Dept. of Labor and IndustriesWashington Supreme Court · 2001
  3. Cockle v. Department of Labor & IndustriesWashington Supreme Court · 2001
  4. Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
  5. Flanigan v. Department of Labor & IndustriesWashington Supreme Court · 1994

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3Cited by15 opinions

  1. Sources for Sustainable Communities v. Building Industry Ass'nCourt of Appeals of Washington · 2013
  2. CANO-GARCIA v. King CountyCourt of Appeals of Washington · 2012
  3. Nelson v. Department of Labor & IndustriesCourt of Appeals of Washington · 2017
  4. Cano-Garcia v. King CountyCourt of Appeals of Washington · 2012
  5. Felipe v. Department of Labor & IndustriesCourt of Appeals of Washington · 2016

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