Cominus.com :: Clauson V Dept Labor And Industries

In the past, God overlooked mans' ignorance, but now He commands all
people everywhere to repent. For He has set a day when He will judge
the world with justice by the Man, Jesus Christ; the One He has appointed.
He has given proof of this to all men by raising Him from the dead.
                                                                                        -Acts 17:30-31

Clauson v Dept Labor and Industries :: 130 Wn2d 580

Category: Bureaucracy and Documents

As Justice Talmadge points out in the opening of his dissent: “The majority decides a worker may be 160 percent disabled . . . defies logic, common sense, a fundamental tenet of the Industrial Insurance Act, and nearly 65 years of this Court’s decisions to the contrary.” [at 586].

He concludes that a permanent total disability and a partial permanent disability are incompatible. .” . . unless, as the majority appears to conclude, the scheduled [partial disability] benefits constitute general tort damages rather than replacement income. The majority’s conclusion is a significant departure from the firmly-established principle that industrial insurance in Washington exists to replace an injured worker’s lost earning capacity. It is for the Legislature to bring about such a fundamental policy change, not this Court.” [at 594].

If the majority decision stands the test of time, I wonder how many body parts can sustain injury in order to collect 500 percent of lost earnings, or more? Once again, the majority relies on close scrutiny of the dictionary and comes to the conclusion that we are not responsible for our own actions.

Rating the Usual Suspects:
passAllan, Lesley  
passDurham, Barbara  
passGregoire, Christine  
passTalmadge, Phil  
passWhaley, Robert  
failAlexander, Gerry  
failDolliver, James  
failGuy, Richard  
failJohnson, Charles  
failMadsen, Barbara  
failMilhem, Robert  
failMunson, Ray  
failSanders, Richard  
failSchultheis, John  
failSmith, Charles  
failSweeney, Dennis  

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JAM 3:2 [NIV] :: We all stumble in many ways. If anyone is never at fault in what he says, he is a perfect man, able to keep his whole body in check.

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