Facts: The respondent Department of Labor and Industries ordered petitioner Crown, Cork & Seal to place Sylvia Smith on its pension roll after Smith suffered a leg injury that left her permanently and totally disabled and denied Crown, Cork & Seal second injury fund coverage. Upon appeal, the Superior Court for Thurston County reversed, ruling that Crown, Cork & Seal is entitled to second fund injury coverage insofar as Smith’s carpal tunnel syndrome, which predated her leg injury, constituted a previous bodily disability for purposes of Washington Revised Code §51.16.120(1). However, this decision was subsequently reversed by the Washington Court of Appeals, which held that Smith’s preexisting condition was insufficiently debilitating to constitute a previous bodily disability. Crown, Cork & Seal appealed this decision to the Supreme Court of Washington.
Question(s): Was Smith’s carpal tunnel syndrome a previous bodily disability entitling Crown, Cork & Seal to second injury fund coverage under §51.16.120(1)?
Conclusion: Justice Charles W. Johnson’s opinion for a unanimous Court affirmed the Washington Court of Appeals, concluding that Smith’s carpal tunnel syndrome was not a previous bodily disability given that it was caused by the strenuous and repetitive work Smith performed for Crown, Cork & Seal and given that she nonetheless retained the ability to perform all ordinary life activities prior to her leg injury.
Docket No. 83854-2 (from Court of Appeals Division II Case No. 36921-4)
Petitioner: Crown, Cork & Seal
(Counsel: Lee Edwards Schultz and Kenneth Wendell Masters)
Respondent: Department of Labor and Industries
(Counsel: Kathryn Carman Comfort, Natalee Ruth Fillinger, and Anastasia R. Sandstrom)
Briefs:
Argument: Tuesday, February 15, 2011 9:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, June 23rd, 2011
Prevailing Party: Department of Labor and Industries (Respondent)
Vote: 9-0
Citation: Pending
Court: Madsen2 Court (2011-)
Madsen
Johnson
(Majority)
Alexander
Chambers
Owens
Fairhurst
Johnson
Stephens
Dwyer
(Pro Tem)
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.