Flanigan v. Department of Labor & Indus

In Flanigan v. Department of Labor & Indus., 123 Wn.2d 418, 869 P.2d 14 (1994), the Court looked at RCW 51.24.060, which requires an injured worker or beneficiary to reimburse the Department of Labor and Industries when the worker or beneficiary obtains a recovery from a party at fault. In Flanigan, the Court concluded that the Department could not satisfy its lien out of damages the injured worker recovered as compensation for loss of consortium, indicating that the department could not "share in damages for which it has provided no compensation" because such a result would be "absurd and fundamentally unjust." 123 Wn.2d at 426.