Legal Opinion

Harry v. Buse Timber & Sales, Inc.

Washington Supreme Court

Decided February 26, 2009No. 79613-1PublishedCited by 19 opinions

1Opinion of the CourtMadsen, 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., 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 levels in effect in 1974, when he experienced a 5.6 percent unilateral hearing loss. The Court of Appeals disagreed, holding that Harry’s occupational hearing loss became “partially…

2Cases cited35 opinions

  1. Cockle v. Dept. of Labor and IndustriesWashington Supreme Court · 2001
  2. Cockle v. Department of Labor & IndustriesWashington Supreme Court · 2001
  3. Dennis v. Department of Labor & IndustriesWashington Supreme Court · 1987
  4. The Travelers Insurance Company and Todd Shipyards Corporation v. Frank A. Cardillo, Deputy Commissioner, Federal Security Agency, Bureau of Employees' Compensation, Second Compensation District, and Joseph Tropea, Ira S. Bushey & Sons, Inc., Plaintiff-Employer-Appellant, and American Policyholders' Insurance Company And/or American Mutual Liability Insurance Company, Plaintiff-Insurance Carrier-Appellant, and Hartford Accident& Indemnity Company, Plaintiff-Insurance Carrier-Appellant, and the State Insurance Fund, Plaintiff-Insurance Carrier-Appellant v. Thorleif Johansen, Defendant-Claimant-Respondent, and Frank A. Cardillo, Deputy Commissioner, Second Compensation District, Defendant-Respondent. Todd Shipyards Corporation, Inc., Employer-Plaintiff-Appellant, and Massachusetts Bonding & Insurance Company, Insurance Carrier-Plaintiff-Appellant v. United States Department of Labor, Bureau of Employees' Compensation, Second District and Frank A. Cardillo, as Deputy Commissioner and Raymond LebowitzCourt of Appeals for the Second Circuit · 1955
  5. Matter of Connelly v. Hunt Furniture Co.New York Court of Appeals · 1925

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3Cited by19 opinions

  1. Department of Labor & Industries v. SlaughCourt of Appeals of Washington · 2013
  2. Birgen v. Department of Labor & IndustriesCourt of Appeals of Washington · 2015
  3. Mason v. GEORGIA-PACIFIC CORP.Court of Appeals of Washington · 2012
  4. Henry Industries, Inc. v. Department Of Labor & IndustriesCourt of Appeals of Washington · 2016
  5. Michael L. Sims v. Dept Of Labor & Industries Of The State Of WashingtonCourt of Appeals of Washington · 2016

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