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WPI 155.21 Worsening of Pre-Existing, Symptomatic Condition

6A WAPRAC WPI 155.21Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 155.21 (7th ed.)

Washington Practice Series TM

Washington Pattern Jury Instructions--Civil

April 2022 Update

Washington State Supreme Court Committee on Jury Instructions

Part XI. Workers' Compensation

Chapter 155. Workers' Compensation

WPI 155.21 Worsening of Pre-Existing, Symptomatic Condition

If you find that:

(1) at the time of the [industrial injury] [occupational disease],(worker's name)had a [bodily] [mental] condition that was symptomatic or disabling; and

(2) because of the [industrial injury] [occupational disease] the pre-existing condition was made worse;

then(worker's name)is eligible for benefits for [his] [her] [full disability] [need for treatment] even though(worker's name)'s [disability] [need for treatment] may be greater than it would have been for a person in the same circumstances without that pre-existing condition.

[A worker may not be eligible for benefits, however, for any treatment or disabilities that resulted from the natural progression of the pre-existing condition independent of this [industrial injury] [occupational disease].]

NOTE ON USE

Use bracketed material as applicable.

Use this instruction for a pre-existing condition that was symptomatic or disabling at the time of the event on which the claim is based. When the evidence is disputed as to the existence of such pre-existing pain or disability, use both this instruction and use WPI 155.20 (Lighting Up of Pre-Existing, Asymptomatic Condition).

COMMENT

A pre-existing permanent partial disability may be offset, by statute, from any increase in permanent partial disability proximately caused by a work injury or exposure. RCW 51.32.080(5); Beyer v. Dep't of Lab. & Indus., 17 Wn.2d 29, 134 P.2d 948 (1943); Tomlinson v. Puget Sound Freight Lines, Inc., 140 Wn.App. 845, 166 P.3d 1276 (2007).

For a related discussion, see the Comment to WPI 155.20 (Lighting Up of Pre-Existing, Asymptomatic Condition).

[Current as of October 2021.]

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