Jones v. City of Olympia

¶1 Dennis Jones appeals the Board of Industrial Insurance Appeal’s final order that the Washington State Department of Labor and Industries (Department) properly calculated the RCW 51.24.0601 “recovery” and distribution to his employer, the City of Olympia, from his third-party tortfeasor settlement, which order the superior court affirmed. He argues that (1) under Tobin 2 neither the Department nor a self-insured employer is entitled to recover worker’s compensation payments from general damages attributable to pain and suffering that an injured worker received in a settlement with a…