Liberty Northwest Ins. Corp. v. Koitzsch

At the heart of the disagreement between the majority and myself is the issue of whether claimant subsequently can recover permanent partial disability (PPD) at a rate that was not in effect at the time that the order on the extent of PPD became final. Because I believe that the majority’s analysis is contrary to the principles of issue preclusion and what the legislature intended when it amended the Workers’ Compensation Law in 1995,1 dissent.

The Board awarded 78 degrees for 52 percent PPD to claimant in 1994 in WCB case No. 90-13984, after we remanded for reconsideration of the extent of…