Rhoad v. McLEAN TRUCKING COMPANY

The issue in this case is whether the Department of Labor and Industries can be compelled, under former RCW 51.24.060, to pay a proportionate share of the attorney fees and costs incurred in a third party action brought under the former third party chapter of the workers' compensation act. We hold that it cannot.

Appellant John Rhoad is the surviving spouse of Louise Rhoad, who died during the course of her employment on May 31, 1979. Appellant filed for workmen's compensation benefits from the Department of Labor and Industries soon thereafter and was placed on the pension rolls.

Because…