| IN RE: DANIEL S. HATCH | ) | DOCKET NO. 63,150 |
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| CLAIM NO. H-349660 | ) | FURTHER DECISION AND ORDER ON REMAND FROM SUPERIOR COURT |
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- APPEARANCES
Claimant, Daniel S. Hatch,- Tracy Madole
Employer, Eastern Construction Company, by- None
Department of Labor and Industries, by- The Attorney General, per
- Robert Costello and John Wasberg, Assistants
This is an appeal filed by the claimant on October 7, 1982 from an order of the Department of Labor and Industries dated August 11, 1982, which denied his application to reopen the claim. Reversed and remanded.
PROCEDURAL HISTORY
On July 27, 1983, a Proposed Decision and Order affirming the Department's order of August 11, 1982 was entered. The claimant subsequently filed a timely Petition for Review. On September 21, 1983, we entered an Order Denying Petition for Review, adopting the Proposed Decision and Order as the final order of the Board.
Thereafter, on October 17, 1983, we received notice that the claimant had appealed our Order Denying Petition for Review to the Superior Court of King County (Cause No. 83-2-14345-4). On February 16, 1990, we received a conformed copy of a Judgment which reversed the decision of this Board and remanded the matter to the Board: [2]
to render a new decision, based on the same evidence, to determine whether the plaintiff's [sic] condition due to his industrial injury of June 1, 1978 worsened between November 28, 1978, when the Department closed his claim, and August 11, 1982, when the Department denied his claim for aggravation, and, if aggravation is found, to determine what benefits the plaintiff is entitled to.
Thereafter, on October 5, 1990, this Board entered a Further Decision and Order on Remand from Superior Court reversing the Department's orders of August 24, 1981 and August 11, 1982 and remanding the claim to the Department with directions "to reopen the claim based on aggravation of condition and to provide treatment and other benefits as indicated and allowed by law." We then received notice that the claimant had appealed the Further Decision and Order on Remand from Superior Court to the Superior Court of King County (Cause No. 90-2-22743-0).
On July 16, 1992, we received a conformed copy of an Order and Judgment on Agreement of Parties which reversed the October 5, 1990 order of this Board and remanded the matter to the Board:
directing the Board to enter an order directing the Department of Labor and Industries to enter an order to: (a) pay the worker permanent partial disability at [sic] 25% amputation value for loss of his left arm at or above the deltoid insertion, or by disarticulation at the shoulder; (b) pay the worker time loss compensation for the time period from December 3, 1980 through March 11, 1981 (inclusive) with statutory interest as computed by the Board pursuant to RCW 51.52.135(2); (c) deduct a previous overpayment in the amount of $362.00, (d) enter a determination segregating thoracic outlet syndrome; and (e) thereupon close the claim.
DECISION
It was wholly unnecessary for the Court to direct this Board to direct the Department to pay Mr. Hatch time-loss compensation benefits [3] and a permanent partial disability award. We point out that RCW 51.52.115, governing the disposition of court appeals from our orders, provides in pertinent part:
In case of modification or reversal, the superior court shall refer the same to the Department with an order directing it to proceed in accordance with the findings of the court.
(emphasis added).
Under RCW 51.52.115, this matter should have been remanded to the Department, not this Board. Remanding the case to this Board is not required and only delays the time within which the claimant will receive the benefits due him, as determined by the Court. We strongly suggest that attorneys drafting judgments for entry by a court take notice of RCW 51.52.115, and comply with its clear and unequivocal instructions.
With respect to the calculation of interest pursuant to RCW 51.52.135, we will do so upon the Department's payment of time-loss compensation benefits in compliance with the provisions of this order.
However, having been directed by the Superior Court to enter a further order, we hereby find that the claimant's condition causally related to the industrial injury of June 1, 1978, worsened and became aggravated between August 24, 1981 and August 11, 1982, that as of August 11, 1982 was fixed and stable and that the permanent residual impairment was best described as 25% of the amputation value of the left arm at or above the deltoid insertion, or by disarticulation at the shoulder, that he was not capable of reasonably continuous gainful employment for the period December 3, 1980 through March 11, 1981, and that he experienced [4] a condition diagnosed as thoracic outlet syndrome which was not causally related to his industrial injury.
We remand the claim to the Department of Labor and Industries to enter an order paying Mr. Hatch a permanent partial disability award of 25% of the amputation value of the left arm at or above the deltoid insertion, or by disarticulation at the shoulder, paying time-loss compensation benefits for the period December 3, 1980 through March 11, 1981, less a previous overpayment in the amount of $362.00, denying responsibility for a condition identified as thoracic outlet syndrome and to thereupon close the claim.
It is so ORDERED.
Dated this 24th day of July, 1992.
BOARD OF INDUSTRIAL INSURANCE APPEALS
/s/
S. FREDERICK FELLERChairperson
/s/
FRANK E. FENNERTY, JR.Member
/s/
PHILLIP T. BORKMember