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WPI155.08.01Permanent Partial Disability—No Categories of Impairment

6A WAPRAC WPI 155.08.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 155.08.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
July 2019 Update
Washington State Supreme Court Committee on Jury Instructions
Part XI. Workers' Compensation
Chapter 155. Workers' Compensation
WPI 155.08.01 Permanent Partial Disability—No Categories of Impairment
Permanent partial disability is a loss of bodily function to a part or parts of the body, proximately caused by the [industrial injury] [occupational disease].
Disability is measured by actual loss of a specific part or parts of the body if actual amputation has occurred. If the part of the body involved is a part that could be amputated but no amputation has occurred, then the disability is measured in terms of percentage of loss of function of that particular part or parts of the body. [If the part of the body involved is a part that cannot be amputated, then the loss of bodily function may be expressed as a percentage of total bodily impairment.] [Total bodily impairment is the loss of physical or mental function which is essentially complete, short of death.]
Permanent partial disability is a measure of loss of bodily function only. In evaluating permanent partial disability, the ability or inability to carry on the worker's usual occupation as well as other limitations may be considered insofar as they reflect loss of bodily function.
NOTE ON USE
Use this instruction for industrial injuries occurring or occupational diseases deemed to have arisen between July 1, 1971 and October 1, 1974, and for injuries or diseases arising thereafter involving only conditions that must be rated as a percentage of amputation value or total bodily impairment.
Use WPI 155.08 (Permanent Partial Disability—Categories of Impairment) for industrial injuries occurring or occupational diseases deemed to have arisen after October 1, 1974 for which a category rating system exists.
Use bracketed material as applicable. Use of the bracketed phrase defining total bodily impairment depends upon the user's decision as to the legal issue presented in the Comment.
Do not use this instruction for cases involving loss of sight or hearing only. If mental disability is involved, this instruction must be modified. In an aggravation case, this instruction will also have to be modified.
COMMENT
RCW 51.32.080 formerly provided that loss of bodily function be expressed as a percentage of total bodily impairment for permanent partial disability not involving amputations. The phrase “total bodily impairment” was not defined in the statute.
The bracketed sentence in this instruction defining “total bodily impairment” is derived from WAC 296-20-220(1)(d). Although legal arguments have been raised as to the validity of this specific definition, no appellate decision to date has addressed this issue or the issue of whether this definition is appropriate for a jury instruction. The WPI Committee takes no position on either issue.
See the Comment accompanying WPI 155.08 (Permanent Partial Disability—Categories of Impairment) for a general discussion of permanent partial disability.
This instruction was formerly numbered 155.08 (Permanent Partial Disability).
[Current as of November 2016.]
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