Department of Labor & Industries v. DeLozier

— The Department of Labor and Industries’ rules require that when a worker incurs both dorsal impairments and cervical or lumbar impairments, the overall impairment must be categorized under either the cervical or lumbar category only. WAC 296-20-250(l)(e).

David DeLozier has a permanent impairment in both the dorsal areas and dorsolumbar/lumbosacral areas of his spine as the result of an industrial injury. The superior court concluded that Mr. DeLozier was entitled to a Category 4 rating only for his lumbar impairments because the rule governing these impairments is unambiguous. WAC…