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WPI155.21Worsening 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
July 2019 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
This instruction was first published in the 2017–2018 Supplement to 6 Washington Practice, Washington Pattern Jury Instructions: Civil (6th ed.).
For a related discussion, see the Comment to WPI 155.20 (Lighting Up of Pre-Existing, Asymptomatic Condition). The cases cited there are equally applicable here.
Note that 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 Labor & 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).
[Current as of November 2016.]
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