Rhoades v. DEPARTMENT OF LABOR AND INDUSTRIES, STATE

181 P.3d 843 (2008)

Tammy J. RHOADES, Appellant,

v.

DEPARTMENT OF LABOR AND INDUSTRIES of the State of Washington, Respondent.

No. 25094-6-III.

Court of Appeals of Washington, Division 3.

January 22, 2008.

Publication Ordered April 22, 2008.

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…