In Re the Estate of Boettcher

The dispositive issue is whether the failure to obtain written approval from the Department of Labor and Industries (DLI) of a third party settlement renders that settlement void under RCW 51.24.090. We hold it does and affirm the court's vacating an order which approved the settlement.

Mountain States Construction was the general contractor for the construction of a sewage treatment plant in Wapato. The electrical work was performed by its subcontractor, Tyee Electric. James Edward Boettcher was employed by Tyee. On May 5, 1979, Mr. Boettcher died following an industrial accident that…