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WPI155.11Aggravation—Prior Award

6A WAPRAC WPI 155.11Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 155.11 (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 155.11 Aggravation—Prior Award
This is an aggravation case.(worker's name's)disability resulting from the [industrial injury] [occupational disease] was determined to be(insert percentage or category of disability awarded)as of(first terminal date). That determination is binding on all parties.
“Aggravation” means a worsening of a condition caused by the [industrial injury] [occupational disease] that results in [an increase in permanent disability] [a need for treatment].
The aggravation period in this case is from(date)to(date).
NOTE ON USE
Use this instruction if there has been a prior permanent partial disability award. In a case in which there has been no prior permanent partial disability award, use WPI 155.12 (Aggravation—No Prior Award).
Use WPI 155.11.01 (Aggravation—Prior Award—Burden of Proof) with this instruction.
Use bracketed material as applicable.
COMMENT
RCW 51.32.080(3); RCW 51.32.160.
The statute provides that a claimant is entitled to readjustment of an original disability award only upon a showing of aggravation of the claimant's condition. To establish aggravation a claimant must produce medical evidence to that effect based, at least in part, upon objective findings of a physician. See Dinnis v. Dep't of Labor & Indus., 67 Wn.2d 654, 409 P.2d 477 (1965), and Quine v. Dep't of Labor & Indus., 14 Wn.App. 340, 540 P.2d 927 (1975).
[Current as of November 2016.]
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