WPI 155.05 Negligence Not An Issue

It is recommended that this explanation be given at some time prior to the reading of the record to the jury. This instruction may also be included in the written instructions to the jury. This instruction may not be applicable in all cases. See the Comment below.

Use the bracketed language if the evidence could lead jurors to consider the negligence or fault of some other person or entity, such as a co-worker.

RCW 51.04.010 provides that the Industrial Insurance Act applies without regard to fault.

This instruction may not be applicable in all cases. For example, in a case in which aggravation is asserted subsequent to an award, the reasonableness of the claimant's conduct after the award may become an issue. See McDougle v. Dep't of Lab. & Indus., 64 Wn.2d 640, 393 P.2d 631 (1964). When the only issue submitted to the jury was whether the employee was not acting in the course of employment at the time of injury due to significant intoxication, the employee's negligence was not at issue, but the nature of his conduct was. Gomez v. Dep't of Lab. & Indus., 13 Wn.App.2d 644, 653–54, 467 P.3d 1003 (2020). The trial court did not abuse its discretion in declining to give this instruction where it potentially could have misled the jury into believing the employee's conduct was irrelevant. Gomez, 13 Wn.App.2d at 654.