In Re the Estate of Kinsman

The Department of Labor and Industries appeals the trial court's allocation of proceeds from a wrongful death action, awarding the worker's widow less than her industrial insurance benefits entitlement, despite the Department's lack of consent.

Facts

William Robert Kinsman died on December 9, 1981, as a result of asbestos-related injuries. Before his death, Kinsman initiated a personal injury action in United States District Court against several manufacturers of asbestos products, pursuant to RCW 51.24.030, 1 under the Industrial Insurance Act. The action was subsequently converted to a…