odd-lot doctrine (Washington) · Go Syfert
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odd-lot doctrine in Washington

9 Washington opinions name it 2 courts 1993–2019 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Spring v. Department of Labor & Industriesgreen
wash · 1982 · cited in 3 Washington opinions naming this issue, 1993–2017
2 sentences

2017Chaney, 176 Wn.2d at 732 ; Leeper, 123 Wn.2d at 815 ; Spring, 96 Wn.2d at 919 .

1994See Spring, 96 Wn.2d at 925 (Utter, J., dissenting).

23
Moss v. STATE EX REL. WORKERS'COMP. DIV.green
wyo · 2010 · cited in 2 Washington opinions naming this issue, 2013–2013
2 sentences

2013App. 692 , 559 P .2d 572 (1977). 3 One nice summary of the practical effect of the doctrine comes from Wyoming: "Under the odd lot doctrine, a claimant who is not actually permanently totally disabled is able to receive permanent total disability benefits because the claimant's disability and other factors make the claimant de facto unemployable." Moss v. Workers' Safety and Compo Div., 232 P.3d 1,5 (Wyo. 2010). 8 No. 30796-4-III Erb v. Dep't ofLabor & Indus. disability where the defendant would not otherwise be considered disabled.

2013App. 692 , 559 P .2d 572 (1977). 3 One nice summary of the practical effect of the doctrine comes from Wyoming: "Under the odd lot doctrine, a claimant who is not actually permanently totally disabled is able to receive permanent total disability benefits because the claimant's disability and other factors make the claimant de facto unemployable." Moss v. Workers' Safety and Compo Div., 232 P.3d 1,5 (Wyo. 2010). 8 No. 30796-4-III Erb v. Dep't ofLabor & Indus. disability where the defendant would not otherwise be considered disabled.

22
Fochtman v. Department of Labor & Industriesgreen
washctapp · 1972 · cited in 1 Washington opinions naming this issue, 1993–1993
1 sentence

1993Spring, 96 Wn.2d at 918 ; Kuhnle, 12 Wn.2d at 198-99 ; Allen, 30 Wn. *62 App. at 697-98; Fochtman, 7 Wn.

11
Kuhnle v. Department of Labor & Industriesgreen
wash · 1942 · cited in 1 Washington opinions naming this issue, 1993–1993
2 sentences

1993Spring, 96 Wn.2d at 918 ; Kuhnle, 12 Wn.2d at 198-99 ; Allen, 30 Wn. *62 App. at 697-98; Fochtman, 7 Wn.

1993Spring, 96 Wn.2d at 918, 919-20 ; Kuhnle, 12 Wn.2d at 197, 198, 199 ; Allen, 30 Wn.

11
Allen v. Department of Labor & Industriesgreen
washctapp · 1982 · cited in 1 Washington opinions naming this issue, 1993–1993
1 sentence

1993Spring, 96 Wn.2d at 918, 919-20 ; Kuhnle, 12 Wn.2d at 197, 198, 199 ; Allen, 30 Wn.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Leeper v. Department of Labor & Industries green
wash · 1994
2 sentences

2017Id.

2017Chaney, 176 Wn.2d at 732 ; Leeper, 123 Wn.2d at 815 ; Spring, 96 Wn.2d at 919 .

61996–2017
Graham v. Weyerhaeuser Company green
washctapp · 1993
2 sentences

2013The State argues that no prejudice can ever befall a claimant when a court refuses an odd lot instruction because the odd lot doctrine is just "an additional way for a worker to lose." Graham v. Weyerhaeuser Co., 71 Wn.

2013The State argues that no prejudice can ever befall a claimant when a court refuses an odd lot instruction because the odd lot doctrine is just "an additional way for a worker to lose." Graham v. Weyerhaeuser Co., 71 Wn.

32013–2019
Allen v. Department of Labor & Industries green
washctapp · 1977
2 sentences

2013This quotation from Graham presents an incorrect characterization because the odd lot doctrine creates a presumption of permanent total 2 But see Allen v. Dep 't ofLabor & Indus., 16 Wn.

2013This quotation from Graham presents an incorrect characterization because the odd lot doctrine creates a presumption of permanent total 2 But see Allen v. Dep 't ofLabor & Indus., 16 Wn.

22013–2013
Chaney v. Providence Health Care green
wash · 2013
1 sentence

2017Chaney, 176 Wn.2d at 732 ; Leeper, 123 Wn.2d at 815 ; Spring, 96 Wn.2d at 919 .

12017–2017

Statutes the citing opinions construe

WA § Wash. Rev. Code § 51.08.160 (8) WA § Wash. Rev. Code § 51.52.115 (5) WA § Wash. Rev. Code § 2.06.040 (4) WA § Wash. Rev. Code § 51.52.130 (4) WA § Wash. Rev. Code § 51.52.140 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 89 (1972–2009) SD 23 (1988–2024) WY 22 (1983–2023) ID 17 (1988–2024) OR 15 (1972–2016) HI 15 (1982–2024) AR 14 (1985–2006) NJ 11 (1971–2019) IA 10 (1986–2026) WA 9 (1993–2019) UT 9 (1986–2017) NE 8 (1990–2021) WI 7 (2004–2025) NV 3 (1995–2015) AK 2 (1991–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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