WPI 155.12.01 Burden of Proof—Aggravation—No Prior Award
6A WAPRAC WPI 155.12.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 155.12.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XI. Workers' Compensation
Chapter 155. Workers' Compensation
WPI 155.12.01 Burden of Proof—Aggravation—No Prior Award
To establish that there is [permanent disability] [a need for further treatment] because of aggravation, the worker has the burden of proving each of the following propositions [by medical testimony based at least in part upon a comparison of objective findings]:
(1) That the aggravation resulted in a [permanent disability] [need for further treatment];
(2) That the [permanent disability] [need for further treatment] was proximately caused by the [industrial injury] [occupational disease]; [and]
(3) That the aggravation occurred between(date)and(date)[; and] [.]
[(4) That the disability is greater than that determined by the Department on(date).]
NOTE ON USE
Use this instruction with WPI 155.12 (Aggravation—No Prior Award), WPI 155.09 (Extent of Disability or Aggravation—Basis of Medical Opinion), WPI 155.13 (Weighing Medical and Lay Testimony), and the appropriate proximate cause instruction from this chapter.
Use bracketed material as appropriate. Element (4) of this instruction may require modification or omission in cases of temporary aggravation. Use element (4) when the appeal is to the amount of the award for the aggravation. Do not use this element if the appeal is from a denial of aggravation.
COMMENT
See the Comment to WPI 155.12 (Aggravation—No Prior Award).
See the Comment to WPI 155.11.01 (Aggravation—Prior Award—Burden of Proof) for a discussion of the phrase “by medical testimony based at least in part upon a comparison of objective findings.”
[Current as of October 2021.]
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