Tobin v. Department of Labor & Industries

¶1 The Department of Labor and Industries (L&I) appeals the superior court’s finding that L&I cannot seek reimbursement from the portion of Jim A. Tobin’s third party recovery compensating him for his pain and suffering following a work-related injury that he sustained when a crane boom crushed him. L&I argues that the statutory reimbursement use of the term “recovery” includes “all damages except loss of consortium” and that it is entitled to seek reimbursement from the pain and suffering portion of Tobin’s damages. We hold that, because L&I did not, and will not, pay pain and suffering…