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HARRY v. BUSE TIMBER & SALES, INC.

No. 55902-8-I.

171 P.3d 1058 (2006)

134 Wash.App. 739

Donald HARRY, Appellant, v. BUSE TIMBER & SALES, INC., and the Department of Labor & Industries, Respondents.

Court of Appeals of Washington, Division 1.

As Amended on Reconsideration in Part October 5, 2006.

Attorney(s) appearing for the Case

Nicole Alys Hanousek, Law Office of William D. Hochberg, Edmonds, for Appellant.

Amy L. Arvidson, Keehn Arvidson, PLLC, Seattle, for Respondent Buse Timber & Sales, Inc.

Nancy Elizabeth Hovis and Anastasia R. Sandstrom, Attorney General's Office, Seattle, for Respondent Department of Labor & Industries.

BAKER, J.

¶ 1 Noise-related hearing loss is not a progressive disease, yet it has been referred to as "progressive" in workers' compensation case law.1 And it is considered to be "partially disabling" long before the worker is perceptibly impaired. These two facts have led to the strange outcome below in this case: a worker is paid for his lost hearing based on a 1974 schedule of benefits for damage to his hearing that occurred long...

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