MADRID v. LAKESIDE INDUSTRIES

No. 41957-9-I.

990 P.2d 411 (1999)

98 Wash.App. 270

Frank MADRID, Appellant, v. LAKESIDE INDUSTRIES, self-insured Employer, and Department of Labor and Industries, State of Washington, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered December 14, 1999.

Reconsideration Denied December 14, 1999.


Attorney(s) appearing for the Case

Stephen R. Powell, Mill Creek, WA, for Appellant.

Kathryn I. Eims, Diane H. Cornell, Labor & Industries Division, Seattle, WA, for Respondents.


BECKER, J.

The sole issue in this appeal is whether RCW 51.24.060 entitles the Department or self-insured employer to reimbursement of only those benefits paid up to the date of the third party settlement. We hold that the statute does not imply such a limitation. The Board of Industrial Insurance Appeals correctly concluded that the Department and the employer were entitled to be reimbursed for all benefits paid up to the date of the Department's final distribution...

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