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ADAMS v. DEPT. OF LABOR AND INDUSTRIES

No. 62175-6.

905 P.2d 1220 (1995)

128 Wash.2d 224

James A. ADAMS, Respondent, v. The DEPARTMENT OF LABOR AND INDUSTRIES, Petitioner.

Supreme Court of Washington, En Banc.

November 22, 1995.

Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Jacquelyn R. Findley, Asst., Spokane, for petitioner.

Stiley & Associates, Mr. Patrick K. Stiley, Spokane, Mark Prothero, Spokane, for respondent.

JOHNSON, Justice.

This case requires us to decide whether a worker is not disabled as a matter of law because he is actually working. The Department of Labor and Industries (Department) seeks review of a Court of Appeals decision affirming a jury verdict that James Adams was permanently and totally disabled. We affirm.

On April 16, 1979, James Adams injured his left knee while working as a hod carrier for Custom Masonry and filed an industrial insurance claim...

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