Harris V. Department Of Labor And Industries

The appellant, Alice Harris, the widow of Jack Harris, challenges a reduction in her husband's workers' compensation benefits pursuant to RCW 51.32.225. RCW 51.32.225(1) provides for a reduction in workers' compensation benefits for those receiving Social Security retirement benefits. It contains an exception to the reduction where a worker was "receiving permanent total disability benefits prior to July 1, 1986." Harris urges this court to construe this exception as including not only workers actually receiving benefits prior to July 1, 1986, but also those who are subsequently determined to have sustained permanently disabling injuries prior to that date. She also argues the statute violates the equal protection clauses of the federal and state constitutions, as well as the vested rights clause, article 1, section 23 of the state constitution. In addition, amicus Washington State Trial Lawyers Association (hereafter WSTLA) contends that federal law preempts RCW 51.32.225.