Facts: Following an industrial accident that injured his knee and left him with a permanent partial disability of 75% in his left leg, petitioner James Tomlinson was awarded workmen’s compensation pursuant to Washington Revised Code §51.32.080. Due to the fact that Tomlinson already suffered from arthritis causing a 50% permanent partial disability of the leg at the time of the accident, he was awarded 25% of the compensation that would be due in cases of debilitation of the entire limb. Tomlinson subsequently appealed his award, asserting that he was entitled to 75% of the compensation that would be due in cases of debilitation of the entire limb as arthritis is progressive and there is therefore no point at which a permanent partial disability can be calculated. The Department of Labor and Industries, the superior court, and the Washington Court of Appeals each affirmed the reduced award. Tomlinson appealed to the Supreme Court of Washington.
Question(s): May degenerative conditions such as arthritis constitute permanent partial disabilities that reduce disability awards pursuant to §51.32.080?
Conclusion: Justice Chambers’ opinion for a unanimous Court affirmed the Washington Court of Appeals, concluding that degenerative conditions such as arthritis are not excluded from the universe of possible permanent partial disabilities despite their progressive nature and that they may offset permanent partial disability awards if they cause impairment that is substantial and permanent. Thus, as there was substantial evidence supporting the Department of Labor and Industries’ finding that Tomlinson’s arthritis had a substantial and permanent effect upon Tomlinson’s function prior to the accident, the Court affirmed the reduced award.
Docket No. 80811-2 (from Court of Appeals Division II Case No. 35219-2)
Petitioner: Tomlinson
Respondent: Puget Sound Freight Lines, Inc.
Briefs:
Argument: Thursday, January 22, 2009 10:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, May 7th, 2009
Prevailing Party: Puget Sound Freight Lines, Inc. (Respondent)
Vote: 9-0
Citation: Pending
Alexander
Johnson
Madsen
Sanders
Chambers
(Majority)
Owens
Kulik
(Pro Tem)
Johnson
Stephens
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