Downey v. Department of Labor & Industries

Miriam Downey appeals the Superior Court's grant of summary judgment affirming a Board of Industrial Insurance Appeals ruling that the Department of Labor and Industries (hereinafter Department) has a right to reimbursement against her loss of consortium recovery, thus offsetting her surviving spouse pension benefits. We affirm.

The parties have stipulated to all relevant facts. Miriam Downey's husband contracted asbestosis through his employment and thereby received workers' compensation benefits pursuant to RCW Title 51. Both husband and wife then sued several third parties pursuant to RCW…