Carrera v. Olmstead (Majority)Annotate this Case
Basilio Carrera lost his right hand in a workplace accident. The issue this accident presented for the Washington Supreme Court’s review was whether the Department of Labor and Industries (L&I) could pursue a third party claim for Carrera's injuries against Sunheaven Farms LLC, the contractor responsible for workplace safety at Carrera's job. The Washington Court affirmed the Court of Appeals' holding that L&I could pursue such a claim: statutes of limitations do not run against the sovereign when, as here, the State brought an action in the public interest. Benefit to a private party in addition to that state interest does not strip a state action of its sovereign character. Here, L&I's claim stands to benefit the State by reimbursing the medical aid fund (Fund) and furthering public policy goals; it is therefore exempt from the statute of limitations under RCW 4.16.160. The Court of Appeals also correctly interpreted chapter 51.24 RCW as authorizing L&I to recover damages beyond what it may retain.