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LEEPER v. LABOR AND INDUSTRIES

Nos. 60411-8; 60879-2; 60880-6.

123 Wn.2d 803 (1994)

872 P.2d 507

CATHERINE LEEPER, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Petitioner. DONALD TAASEVIGEN, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant. JANICE M. JONES, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

The Supreme Court of Washington, En Banc.

April 21, 1994.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, and Gayle Barry and Nancy Thygesen Day, Senior Counsel, for the State.

Counsel, Murphy & Bottiger, P.S., by John P. Murphy, for respondent Leeper.

David B. Vail & Associates, by Todd R. Renda, for respondent Taasevigen.

Small, Snell & Weiss, by Richard E. Weiss, for respondent Jones.

John D. Fairley on behalf of Washington Self-Insurers Association, amicus curiae.

Gary N. Bloom, Bryan P. Harnetiaux, and Michael J. Pontarolo on behalf of Washington State Trial Lawyers Association, amicus curiae for respondents.

GUY, J.

We here decide whether evidence of a worker's inability to obtain employment is relevant to determining if an injury has left a worker permanently and totally disabled. In 1989, the Washington Supreme Court Committee on Jury Instructions added the phrase "or obtain" to the pattern instruction which defined permanent total disability in workers' compensation cases. The previous edition of the instruction defined total...

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