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RHOADES v. DEPARTMENT OF LABOR AND INDUSTRIES, STATE

No. 25094-6-III.

181 P.3d 843 (2008)

Tammy J. RHOADES, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Respondent.

Court of Appeals of Washington, Division 3.

Publication Ordered April 22, 2008.

Attorney(s) appearing for the Case

Darrell K. Smart, Smart Connell & Childers PS, Yakima, WA, for Appellant.

Anastasia R. Sandstrom, Attorney General's Office, Seattle, WA, for Respondent.

SCHULTHEIS, A.C.J.

¶ 1 If a worker becomes entitled to a pension as a result of being adjudged permanently totally disabled after having received a lump sum for a permanent partial disability, the Department of Labor and Industries (Department) treats the previously paid award as an advance on the pension. Trayle v. Dep't of Labor & Indus., 70 Wn.2d 141, 422 P.2d 520 (1967). The...

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