AGO 1962 NO. 104 >
(1) Under § 7, chapter 274, Laws of 1961 (RCW 51.24.010), an injured workman who successfully maintains a third party action, the recovery of which is had after June 8, 1961, is entitled to have the state bear a proportionate share of the costs and attorney's fees (after approval of the court) that he has incurred in effecting recovery. (2) Before the department of labor and industries can be called upon to contribute a proportionate share of attorney's fees and costs the workman must file a civil action in a court of law.