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STUCKEY v. DEPT. OF LABOR & INDUS.

No. 63227-8.

916 P.2d 399 (1996)

129 Wash.2d 289

Marshall L. STUCKEY, Petitioner, v. The DEPARTMENT OF LABOR AND INDUSTRIES, Respondent; Willadean ROBERTS, Petitioner, v. The DEPARTMENT OF LABOR AND INDUSTRIES, Respondent.

Supreme Court of Washington, En Banc.

Decided May 16, 1996.

Attorney(s) appearing for the Case

George J. Schwab, II, Jeffrey Schwab, Moses Lake, for petitioner.

Evelyn A. Fielding, Seattle, for respondent.

JOHNSON, Justice.

Two issues of statutory construction involving RCW 51, the Industrial Insurance Act (Act), are presented in this case. The first issue requires us to decide the method by which the Department of Labor and Industries (Department) can recover certain workers' compensation benefits. Specifically, we must determine which section of RCW 51.32 controls (.080(4) or .240(3)) where a claim is ordered closed with a finding of permanent partial disability and...

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