McIndoe v. Department of Labor & Industries

— These three consolidated workers’ compen*66sation cases present one question. Can a worker receive an award for permanent partial disability (PPD) for a preexisting condition if the claim is filed after a pension for an unrelated permanent total disability has already been awarded? Two trial courts allowed the claims. One denied the claim. We hold that the worker is entitled to both the PPD and the pension.

FACTS

The parties stipulated to the following facts:

Robert Mclndoe. Mr. Mclndoe was employed for many years in the construction industry. He suffered a severe back injury in a Caterpillar…