McINDOE v. DEPT. OF LABOR AND INDUSTRIES

Nos. 18250-9-III, 18513-3-III, 18514-1-III.

995 P.2d 616 (2000)

100 Wash.App. 64

Robert I. McINDOE, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES OF the STATE OF WASHINGTON, Respondent. Edward K. Krabbenhoft and John J. Herrera, Respondents, v. Department of Labor and Industries of the State of Washington, Appellant.

Court of Appeals of Washington, Division 3, Panel Nine.

March 23, 2000.


Attorney(s) appearing for the Case

Tom G. Cordell, Moses Lake, for Appellants.

Sheryl L. Gordon, Assistant Attorney General, Spokane, for Respondents.


SWEENEY, J.

These three consolidated workers' compensation cases present one question. Can a worker receive an award for permanent partial disability (PPD) for a pre-existing condition if the claim is filed after a pension for an unrelated permanent total disability has already been awarded? Two trial courts allowed the claims. One denied the claim. We hold that the worker is entitled to both the PPD and the pension.

FACTS

The parties stipulated...

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