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WPI 155.30 Occupational Disease—Definition

6A WAPRAC WPI 155.30Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 155.30 (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 155.30 Occupational Disease—Definition
An occupational disease is a disease or infection that arises naturally and proximately out of the worker's employment.
A disease arises naturally out of employment if the disease comes about as a matter of course as a natural consequence of distinctive conditions of the worker's employment. It is not necessary that the conditions be peculiar to, or unique to, the particular employment. A disease does not arise naturally out of employment if it is caused by conditions of everyday life or of all employments in general.
A disease arises proximately out of employment if the conditions of the worker's employment proximately caused or aggravated the worker's disease [including aggravation of a pre-existing non-work-related disease].
NOTE ON USE
Use bracketed material as applicable.
COMMENT
RCW 51.08.140.
This instruction is drawn from the above-cited statute defining the term “occupational disease” and Dennis v. Department of Labor & Industries, 109 Wn.2d. 467, 745 P.2d 1295 (1987), which interpreted the statute.
Street v. Weyerhaeuser Co., 189 Wn.2d 187, 399 P.3d 1156 (2017), clarified Dennis's evidentiary requirement that an occupational disease “arises naturally” as compared with a disease that “arises proximately” out of employment. Street held that expert medical testimony is not required to prove that a disease “arises naturally,” but “can be established by lay testimony without the need for expert medical opinion.” Street, 189 Wn.2d at 200. Medical testimony is required for the “arises proximately” prong.
[Current as of October 2021.]
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