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HARRY v. BUSE TIMBER & SALES, INC.

No. 79613-1.

201 P.3d 1011 (2009)

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

Supreme Court of Washington, En Banc.

Decided February 26, 2009.

As Corrected March 10, 2009.

Attorney(s) appearing for the Case

Anastasia R. Sandstrom, Attorney General's Office, Kathryn Kunkler, Keehn Kunkler PLLC, Seattle, WA, for Petitioners.

William D. Hochberg, Nicole Alys Hanousek, Amie Christine Peters, Law Office of William D. Hochberg, Edmonds, WA, for Respondent.

Terri Lynn Herring-Puz, Attorney at Law, Tacoma, WA, Amicus Curiae on behalf of Aerospace Machinists District Lodge 751, Teamsters Joint Council # 28, Washington State Building & Constructions Trade Council, and Washington State Labor Council.

Gilbert M. Stratton, Bernadette Marie Pratt, Marne J Horstman, Craig Jessup & Stratton PLLC, Tacoma, WA, Amicus Curiae on behalf of Washington Self-Insurers Association.

MADSEN, J.

¶ 1 This case requires us to determine when occupational hearing loss becomes "partially disabling" for the purpose of determining the appropriate rate of compensation for a permanent partial disability award. Petitioners Buse Timber and Sales, Inc. (Buse) and Department of Labor and Industries (Department) contend Donald Harry's 2001 claim for 38.13 percent binaural hearing loss is compensable according to the benefit

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