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ISSAQUAH LAW GROUP - PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Personal Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Supreme Court: DLI Can't Seek Reimbursement from Pain and Suffering Moneys

Tobin v. Dep't of Labor and Indus.

Tobin suffered an injury on the job. In addition to his worker's comp. benefits, he also pursued a third party action. In WA, you're prevented from suing your employer unless they do something REALLY bad. The big case for this was Birklid v. Boeing, which held the employer had to engage in intentional conduct before that could happen. However, that doesn't prevent you from going after other responsible parties. But when that happens, the Department of Labor and Industries can come back for monies paid on your behalf. In this case, DLI paid nothing for Tobin's pain and suffering, but still used that money in calculating what it was entitled to recover under their formula:

The legislature amended the definitional section of the statute that codified the explicit holding of Flanigan: the term "recovery" excludes third party damages for "loss of consortium." However, the legislature did not revise RCW 51.24.060(1)(c), the section restricting the Department to recovery "to the extent necessary . . . for benefits paid" or clearly define what types of damages the statute intends to provide compensation for. Because Flanigan's reasoning rested on this unaltered section of the statute, damages for "pain and suffering," like loss of consortium, constitute noneconomic damage that the workers' compensation statutes do not compensate for. The Department did not pay out benefits for pain and suffering; therefore it cannot be "reimbursed" from amounts recovered for pain and suffering. We hold that an award for pain and suffering may not be used by the Department in its distribution calculation.


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