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HADLEY v. DEPT. LABOR & INDUSTRIES

No. 57284-4.

116 Wn.2d 897 (1991)

810 P.2d 500

ROBERT L. HADLEY, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Petitioner.

The Supreme Court of Washington, En Banc.

As amended by order August 20, 1991.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Jeffrey E. Boyer, Assistant, for petitioner.

Davies, Roberts & Reid, Rob Williamson, and David W. Ballew, for respondent.

[As amended by order of the Supreme Court August 20, 1991.]

UTTER, J.

This case presents the issue as to whether, in making its decision to compromise its lien for reimbursement, the Department of Labor and Industries (Department) erred as a matter of law in considering the fact the injured worker had already settled his third party claim. We hold that RCW 51.24.060(3) provides discretion to the Department in making such a decision. As long as the Department...

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