Wash. Court Allows Full State Recovery from Unallocated 3rd-Party Settlement

SEATTLE - Washington's Court of Appeals has upheld the state's lien against a workers' third-party settlement, saying a 2010 state Supreme Court decision barring liens against pain and suffering and other specified damages does not apply to unallocated settlements. Davis v. Washington State Dept. of Labor & Industries, No. 09-2-11800-1 (Wash. Ct. App., Div. 1).

The Court of Appeals, Division One, affirmed a lower court ruling Feb. 6, allowing the Washington State Department of Labor & Industries to assert a statutory lien against Sharon Davis' recovery from a third party to recoup benefits paid to Davis for a workplace injury.