Tobin v. Dep’t of Labor & Indus
Jan 01, 2010OUTCOME: Success at all levels
All the way to WA Supreme Court, established that L&I may not assert its lien against my clients' pain and suffering portion on a third party case. I handled the underlying workers comp and personal in ... jury claims. Partner Dave Lauman worked on the appellate aspects. The Washington Supreme Court held in Tobin v. Dep’t of Labor & Indus. (169 Wash.2d 396, 239 P.3d 544, 2010) that the Department of Labor & Industries (L&I) cannot seek reimbursement from “pain and suffering” damages in a third-party settlement under RCW 51.24.060(1).