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Weyerhaeuser Co. v. Farr8/2/1993
Adelbert Farr appeals from a summary judgment dismissing his workers' compensation claim. He contends the trial court erred in ruling that a voluntarily retired worker is precluded from obtaining permanent total disability benefits for a work-related injury that becomes aggravated after retirement. He also assigns error to the denial of his motion to exclude testimony. We affirm.
I
On June 15, 1976, Adelbert Farr injured his back while working as a "tree faller" for Weyerhaeuser Company. Farr
made a claim for industrial injury with the Department of Labor and Industries (the Department). The claim was allowed and subsequently closed in October 1978, Farr having obtained time loss compensation and an award for permanent partial disability equal to 10 percent of total bodily impairment.
On February 14, 1979, the Department reopened Farr's claim for treatment owing to aggravation of the condition. Following back surgery on September 10, 1979, Farr resumed work as a tree faller. On July 25, 1980, the Department again closed Farr's claim, with a payment for time loss compensation and a permanent partial disability award of 25 percent of total bodily impairment.
According to Farr, his supervisor at Weyerhaeuser recommended that Farr retire because he had slowed down and the work was getting too dangerous for him. In July 1980, Farr took an early retirement, pursuant to which he received monthly retirement benefits from Weyerhaeuser. Farr has not sought other employment since his retirement from Weyerhaeuser.
On July 24, 1985, Farr filed an application with the Department for aggravation of condition. The Department initially denied any additional award, but on reconsideration reopened the claim for treatment, and eventually closed the claim with an additional award of permanent partial disability for "a Category 3 of cervical impairment, less prior awards." Farr appealed this order to the Board of Industrial Insurance Appeals (Board), claiming that he was permanently and totally disabled and should be placed on the pension rolls. A hearing judge affirmed the Department's decision.
Farr then filed a petition for review of this last decision. The Board ultimately determined that Farr was permanently and totally disabled. It therefore reversed the Department's decision and remanded with directions that Farr be placed on the pension rolls.
Weyerhaeuser then appealed the Board's decision to the superior court and moved for summary judgment, arguing that Farr was not entitled to a disability pension because he had voluntarily retired before becoming permanently and totally disabled. Farr cross-moved for partial summary judgment, contending that retirement does not affect a worker 's right to permanent total disability benefits. Alternatively, Farr argued that summary judgment was inappropriate because an issue of fact existed as to whether he had voluntarily retired.
Weyerhaeuser's motion for summary judgment was granted. Before the judge entered a written order, however, Farr filed a "motion to prohibit" the use of Dr. McCollum's testimony and the admission of evidence that Farr received Social Security disability benefits. Farr also moved for sanctions against Weyerhaeuser for initiating ex parte contact with Dr. McCollum. These motions, which were heard by a judge other than the judge who had granted summary judgment, were denied without prejudice. Farr's motion for reconsideration was also denied, and the trial judge entered a final written order in Weyerhaeuser's favor.
Farr appeals.
II
Farr contends that the trial court erred in ruling that volunta
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