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McINDOE v. DEPARTMENT OF LABOR

No. 69687-0.

26 P.3d 903 (2001)

144 Wash.2d 252

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

Supreme Court of Washington, En Banc.

Decided July 12, 2001.

Attorney(s) appearing for the Case

Honorable Christine Gregoire, Attorney General, John R. Wasberg, Asst., Seattle, for Petitioner.

Tom Grant Cordell, Moses Lake, Delay, Curran & Thompson, Michael J. Pontarolo, Spokane, for Respondents.

MADSEN, J.

In these consolidated cases, the Department of Labor and Industries seeks review of a Court of Appeals decision ordering payment of permanent partial disability benefits plus attorney fees and costs for occupationally induced hearing losses sustained by the workers. The Department contends that such an award constitutes double recovery because the workers filed their claims after they had been awarded permanent total disability pensions. We affirm on the...

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