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Legal Opinion

O'Rourke v. Department of Labor & Industries

Court of Appeals of Washington

Decided March 26, 1990No. 23745-4-IPublishedCited by 6 opinions

1Opinion of the CourtScholfield, J.

The State of Washington Department of Labor and Industries (the Department) appeals the trial court's reversal of the Board of Industrial Insurance Appeals' decision requiring Timothy O'Rourke to reimburse the Department for benefits paid to him because he received a recovery from his employer's UIM policy. We reverse.

Facts

On July 17, 1984, O'Rourke was injured while driving his employer's vehicle in the course of his employment with Hi Line Furniture Company. The negligent third party who caused O'Rourke's injuries was uninsured. O'Rourke was eligible for workers' compensation benefits, and…

2Cases cited5 opinions

  1. Godfrey v. WashingtonWashington Supreme Court · 1975
  2. City of Puyallup v. Pacific Northwest Bell Telephone Co.Washington Supreme Court · 1982
  3. Johnson v. Tradewell Stores, Inc.Washington Supreme Court · 1981
  4. State Ex Rel. O'Brien v. TowneWashington Supreme Court · 1964
  5. Chicago Bridge & Iron Co. v. Department of Labor & IndustriesCourt of Appeals of Washington · 1986

3Cited by6 opinions

  1. Flanigan v. Department of Labor & IndustriesWashington Supreme Court · 1994
  2. Clark v. PacificorpWashington Supreme Court · 1991
  3. Tallerday v. DelongCourt of Appeals of Washington · 1993
  4. Frost v. Department of Labor & IndustriesCourt of Appeals of Washington · 1998
  5. Michel v. Department of Labor & IndustriesCourt of Appeals of Washington · 1995

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