Wash. Rev. Code » Title 51 · Chapter 51.08
Revised Code of Washington

Wash. Rev. Code § 51.08.160 (2026)

"Permanent total disability."

✓ current as of May 2026
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"Permanent total disability" means loss of both legs, or arms, or one leg and one arm, total loss of eyesight, paralysis or other condition permanently incapacitating the worker from performing any work at any gainful occupation.
[ 1977 ex.s. c 350 s 13; 1961 c 23 s 51.08.160. Prior: 1957 c 70 s 18; prior: 1949 c 219 s 1, part; 1947 c 246 s 1, part; 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 c 131 s 4, part; 1917 c 28 s 1, part; 1913 c 148 s 1, part; 1911 c 74 s 5, part; Rem. Supp. 1949 s 7679, part.]
Notes of Decisions
Cited in 61 cases (5 in the last 5 years), 1953–2024 · leading case: Adams v. Dep't of Labor & Indus., 905 P.2d 1220 (Wash. 1995).
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Adams v. Dep't of Labor & Indus., 905 P.2d 1220 (Wash. 1995). · cites it 24× “The quantity or quality of briefing should not affect the standard of review used by the court. The Department next contends the trial court erred in not finding as a matter of law Adams was not permanently and totally disabled within the meaning of RCW 51.”
Ravsten v. Dep't of Labor & Indus., 736 P.2d 265 (Wash. 1987). · cites it 6× “When a claimant is totally and permanently disabled as defined by RCW 51.”
Blue Chelan, Inc. v. Dep't of Labor & Indus., 681 P.2d 233 (Wash. 1984). · cites it 4× “See also instruction 12; RCW 51.08.160. The jury was further instructed that total disability is permanent when it is " reasonably certain to continue for the foreseeable future.”
Leeper v. Dep't of Labor & Indus., 872 P.2d 507 (Wash. 1994). · cites it 2× “RCW 51.08.160. The Department contends the statute clearly and unambiguously defines disability as the inability to perform work.”
Fochtman v. Dep't of Labor & Indus., 499 P.2d 255 (Wash. Ct. App. 1972). · cites it 3× “es a matter of first impression in this jurisdiction: whether the opinion of a qualified vocational consultant, based upon proven and assumed medical facts of loss of function and severe limitations imposed upon claimant’s ability to work, together with personal evaluation and…”
Spring v. Dep't of Labor & Indus., 640 P.2d 1 (Wash. 1982). · cites it 2× “RCW 51.08.160 defines "Permanent total disability" as *919 loss of both legs, or arms, or one leg and one arm, total loss of eyesight, paralysis or other condition permanently incapacitating the worker from performing any work at any gainful occupation.”
Graham v. Weyerhaeuser Co., 856 P.2d 717 (Wash. Ct. App. 1993). · cites it 3× “I The statutory definition of total disability is "loss of both legs, or arms, or one leg and one arm, total loss of eyesight, paralysis or other condition .”
McIndoe v. Dep't of Labor, 26 P.3d 903 (Wash. 2001). “" RCW 51.08.160. This definition combines categories of per se total disability (presumed to render a worker unable to work) with the general standard for determining permanent total disability—actual inability to perform or obtain work.”
Ellis v. Dep't of Labor & Indus., 567 P.2d 224 (Wash. 1977). · cites it 2× “This was the theory of Justice Foster in his dissenting opinion in Page , but it is not the law of this state. The error in such reasoning stems from the fact the concepts of permanent total and permanent partial disability are not different levels on the same continuum, but are…”
Young v. Dep't of Labor & Indus., 913 P.2d 402 (Wash. Ct. App. 1996). “RCW 51.08.160 defines permanent total disability as "loss of both legs, or arms, or one leg and one arm, total loss of eyesight, paralysis or other condition permanently incapacitating the worker from performing any work at any gainful occupation.”
Dep't of Labor & Indus. v. Moser, 665 P.2d 926 (Wash. Ct. App. 1983). · cites it 2× “With these principles in mind, we perceive that the trial court's findings and conclusions raise two legal issues: (1) Do RCW 51.08.160 and 51.32.160 permit the Department to terminate Moser's total permanent disability benefits based solely on the fact that he is gainfully…”
Hubbard v. Dep't of Labor & Indus., 140 Wash. 2d 35 (Wash. 2000). “at 25 ; see also RCW 51.08.160. A claimant’s right to temporary total disability benefits (time loss payments) terminates when the claimant’s earning power, at any kind of work, is restored to that existing at the time of the occurrence of the injury, or when the claimant’s…”
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