Allan v. Department of Labor & Industries

In November of 1987, the Department of Labor and Industries (Department), under authority of the "reverse offset" statute, decreased Patricia Allan's workers' compensation benefits in an amount equal to the offset then being taken by the Federal Social Security Administration. On review, the Board of Industrial Insurance Appeals upheld the Department. The Superior Court, on de novo review of the Board's record, affirmed the Board’s ruling. Allan appeals and the Department cross-appeals the denial of statutory costs. We affirm with a minor modification.

In 1981, as a result of an injury…