CLAUSON v. DEPT. OF LABOR AND INDUSTRIES

No. 63548-0.

925 P.2d 624 (1996)

130 Wash.2d 580

Henry A. CLAUSON, Respondent, v. DEPARTMENT OF LABOR AND INDUSTRIES OF the STATE OF WASHINGTON, Petitioner.

Supreme Court of Washington, En Banc.

Decided November 7, 1996.


Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Lesley A. Allan, Asst., Wenatcee, for Petitioner.

Solan, Doran, Milhem & Hertel, P.S., Robert C. Milhem, Spokane, for Respondent.


GUY, Justice.

The issue in this case is whether a worker who has been awarded a permanent total disability pension under one worker's compensation claim may later receive a permanent partial disability award for a prior injury under a separate, pre-existing claim. We hold that the timing of the closure of claims should not work to the disadvantage of an injured worker. The worker in this case, therefore, is entitled to the additional compensation for his permanent...

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