Ruse v. Dep't of Labor & Indus., 977 P.2d 570 (Wash. 1999). · Go Syfert
Ruse v. Dep't of Labor & Indus., 977 P.2d 570 (Wash. 1999). Cases Citing This Book View Copy Cite
Quick Summary

A worker seeking benefits for the aggravation of a preexisting condition must prove that employment proximately caused the disability.

An employee seeking workers' compensation benefits for a disability caused by the aggravation of a preexisting condition must prove that the employment proximately caused the disability. Although the Industrial Insurance Act is liberally construed, the worker bears the burden of showing that, but for the aggravating conditions of the job, the claimed disability would not have arisen. Here, a claimant failed to establish a causal connection between his degenerative spinal arthritis and his heavy labor employment, as evidence indicated the condition would have progressed naturally regardless of his work. Because the Board's decision is prima facie correct, the claimant failed to support his challenge by a preponderance of the evidence.

403 citation events (398 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Cited for
138 Wash. 2d at 5 Standard of review for administrative agency decisions9 citing cases“decision is prima facie correct ... and a party attacking the decision must support its challenge by a preponderance of the evidence.”2 citing courts quote it
  • Raymond F. Mercier Jr., V. State Of Washington Dept. Of L & I, No. 59483-8 (Wash. Ct. App. Dec. 23, 2025).unpublished 2 cites
    Ruse, 138 Wn.2d at 5 (internal quotation marks omitted) (quoting Weatherspoon v. Dep’t of Lab. & Indus., 55 Wn. App. 439, 440 , 777 P.2d 1084 (1989)).
  • Chunyk & Conley/quad C, V Patti C. Boettger, No. 49087-1 (Wash. Ct. App. Dec. 12, 2017).unpublished
    Under RCW 51.52.115, “the court shall by instruction advise the jury of the exact findings of the board on each material issue.” On review, the trial court may substitute its own findings and decision for the Board’s only if it finds “‘fro…
  • Edward O. Gorre, App/cr V City Of Tacoma, Res/cr, No. 43621-3 (Wash. Ct. App. Apr. 23, 2014).published
    To be clear, unlike in those cases, our review in workers' compensation cases is akin to our review of any other superior court trial judgment: ` " review is limited to examination of the record to see whether substantial evidence supports…
  • Dep't of Labor & Indus. v. Shirley, 288 P.3d 390 (Wash. Ct. App. 2012).published
    Ruse, 138 Wn.2d at 5-6 (internal quotation marks omitted) (quoting McClelland v. ITT Rayonier, Inc., 65 Wn.
  • Hudson v. United Parcel Serv., Inc., 258 P.3d 87 (Wash. Ct. App. 2011).published
    Ruse, 138 Wn.2d at 5 (citation omitted) (internal quotation marks omitted). ¶16 Instruction 7 informed the jury that “[t]he findings and decision of the Board . . . are presumed correct,” i.e., prima facie correct.
  • Gorre v. City of Tacoma, 357 P.3d 625 (Wash. 2015).published
    See Ruse, 138 Wn.2d at 5, 6 .
  • Lewis v. Simpson Timber Co., 189 P.3d 178 (Wash. Ct. App. 2008).published 3 cites
    RCW 51.52.115; see also Ruse, 138 Wash.2d at 5 , 977 P.2d 570 . ¶ 25 Because the hearing in the trial court is "de novo, but the court [does] not receive evidence or testimony other than, or in addition to, that offered before the [BIIA] o…
  • Jenkins v. Weyerhaeuser Co., 177 P.3d 180 (Wash. Ct. App. 2008).published 5 cites
    “decision is prima facie correct . . . and a party attacking the decision must support its challenge by a preponderance of the evidence”
  • Timothy D. Manion v. Schwan's Home Serv., Inc., No. 39972-9 (Wash. Ct. App. Aug. 8, 2024).unpublished
138 Wash. 2d at 7 Proving causation in disability claims through aggravation2 citing casesThe worker must prove a condition of the job. . . caused the disability.1 citing court put it this way
  • Randy Johnson v. Clark Constr. Grp. Inc., No. 75858-6 (Wash. Ct. App. Nov. 20, 2017).unpublished
    (The worker must prove a condition of the job. . . caused the disability.)
  • Aaron Bell v. Dep't Of Labor & Indus., No. 69438-3 (Wash. Ct. App. Dec. 16, 2013).unpublished 2 cites
    The Board also found that the record did not support Bell's position that "but for his return to drywalling in 2006 and his continuing to work through June 2009 he would not have had the worsening of his preexisting low back condition for…
138 Wash. 2d at 8 “an appellate court should not address an issue upon which the department did not rely in denying the claim.”2 citing cases1 citing court quotes it
  • Hernan Calderon v. Dep't of Labor & Indus., No. 41216-4 (Wash. Ct. App. July 23, 2026).unpublished 2 cites
    “an appellate court should not address an issue upon which the department did not rely in denying the claim.”
  • State Of Washington, V. Joshua Robert Duran, No. 86403-3 (Wash. Ct. App. Dec. 15, 2025).unpublished
    Actual prejudice is shown when the party makes a “plausible showing . . . that the asserted error had practical and identifiable consequences in the trial of the case.” Guevara Diaz, 11 Wn. App. 2d at 851 (alteration in original) (internal…
977 P.2d at 590 cited at this page1 citing case
  • David Duncan, V. Boeing Co., No. 56663-0 (Wash. Ct. App. June 6, 2023).unpublished 6 cites
    He also stated that in his review of Duncan’s medical records, “[i]t said he had been diagnosed with COPD prior.” Id. at 590.
Other citing cases10 with no pin cite or quoted language on record
Everett L. Ruse
v.
The Department of Labor and Industries
No. 65679-7.
Washington Supreme Court.
Jun 3, 1999.
Published opinion
977 P.2d 570
1999 Wash. LEXIS 355
Finer & Pugsley, by Jeffry K. Finer, for petitioner., Christine O. Gregoire, Attorney General, and Sheryl L. Gordon, Assistant, for respondent., Craig A. Staples on behalf of Washington Self-Insurers Association, amicus curiae., Debra L. Stephens and Bryan P. Harnetiaux on behalf of Washington State Trial Lawyers Association, amicus curiae.
Ireland.
Cited by 150 opinions  |  Published
Ireland, J.

— Everett Ruse quit his job because of severe

back pain, and the Department of Labor and Industries denied his subsequent workers’ compensation claim. We affirm baséd upon Ruse’s failure to prove the causal connection between his disability and his employment.

FACTS

For a full discussion of the facts, see Ruse v. Department [*4] of Labor & Indus., 90 Wn. App. 448, 966 P.2d 909 (1998). Our recitation here is brief. Everett Ruse worked in heavy labor positions for most of his life and was forced to quit his job on August 17, 1989, because of severe back pain. Ruse filed a claim for workers’ compensation benefits in November 1990.

The Department of Labor and Industries (the Department) denied Ruse’s claim for benefits, finding Ruse’s back condition was not an occupational disease as contemplated by RCW 51.08.140. In April 1995, the Board of Industrial Insurance Appeals (the Board) denied Ruse’s appeal. The Board found Ruse’s degenerative arthritis was “associated with natural progression of unrelated pre-existing conditions or disease processes.” Proposed Decision and Order (PDO) at 8.[1] The Spokane County Superior Court affirmed the Board’s decision, finding, in part, “Mr. Ruse suffered from a degenerative arthritis which would have appeared and progressed despite his employment.” Clerks Papers (CP) at 5-6.

Ruse appealed to the Court of Appeals, which affirmed the superior court. Ruse, 90 Wn. App. 448. We granted Ruse’s Petition for Discretionary Review. Ruse v. Department of Labor & Indus., 136 Wn.2d 1007 (1998).

A brief recitation of the medical testimony offered to the Board is necessary for our analysis. Dr. Gilman, an osteopathic family physician, provided Ruse’s primary health care from July 1981 through 1989. According to Dr. Gilman’s notes, Ruse reported having a long history of back problems preceding 1981, and Ruse’s back pains continued during the eight years he saw Dr. Gilman. Dr. Gilman x-rayed Ruse’s lower back in 1986 and saw no problems in the x-rays. He diagnosed Ruse’s back pains as “musculoskeletal effects of his age.” Dep. of David C. Gil-man, D.O., at 8.

On January 23, 1990, Ruse saw Dr. Shanks, an orthopedic specialist. Dr. Shanks viewed current x-rays and ordered[*5] an MRI (Magnetic Resonance Imaging). Based upon this one examination, Dr. Shanks diagnosed Ruse with moderate arthritis in the form of degenerative disc disease in his lumbar spine. Dr. Shanks sent an opinion letter to the Department, in which he stated that Ruse had a long history of back problems, he did not see Ruse’s arthritis as an industrial or occupational disease, and Ruse’s “arthritis probably would have occurred despite his employment, although, he did do fairly heavy work.” Bd. of Indus. Appeals, Ex. 2 (Letter from Dr. Shanks) at 2 (emphasis added). Dr. Shanks later testified in a deposition that Ruse’s condition was aggravated by his “long term heavy labor work” on a “more probable than not” basis. Dep. of William Shanks, M.D., at 21. On cross-examination, Dr. Shanks stated the 1993 opinion letter accurately reflected his current opinion.

STANDARD OF REVIEW

The Board’s decision is prima facie correct under ROW 51.52.115, and a party attacking the decision must support its challenge by a preponderance of the evidence. Ravsten v. Department of Labor & Indus., 108 Wn.2d 143, 146, 736 P.2d 265 (1987). On review, the superior court may substitute its own findings and decision for the Board’s only if it finds “ ‘from a fair preponderance of credible evidence’, that the Board’s findings and decision are incorrect.” McClelland v. ITT Rayonier, Inc., 65 Wn. App. 386, 390, 828 P.2d 1138 (1992) (quoting Weatherspoon v. Department of Labor & Indus., 55 Wn. App. 439, 440, 777 P.2d 1084 (1989)). In this appeal, “review is limited to examination of the record to see whether substantial evidence supports the findings made after the superior court’s de novo review, and whether the court’s conclusions of law flow from the findings.” Young v. Department of Labor & In[*6] dus., 81 Wn. App. 123, 128, 913 P.2d 402 (1996) (citations omitted).

ANALYSIS

First Issue: Did the Court of Appeals properly apply the attending physician doctrine?

An attending physician who has cared for and treated a patient over a period of time “is better qualified to give an opinion as to the patient’s disability than a doctor who has seen and examined the patient once.” Spalding v. Department of Labor & Indus., 29 Wn.2d 115, 128-29, 186 P.2d 76 (1947). Ruse argues, without citation to authority, that a doctor who has not diagnosed the claimed occupational disease cannot be considered an attending physician. Because Dr. Gilman did not diagnose. Ruse’s degenerative spinal arthritis, Ruse argues he is not an attending physician whose testimony should be given special consideration.

Dr. Gilman was Ruse’s primary physician for eight years, and he treated Ruse for back problems throughout those eight years—years during which Ruse worked in heavy labor. In contrast, Dr. Shanks examined Ruse only once, in January 1990, which was over five months after Ruse quit his job. From this single examination, Dr. Shanks diagnosed degenerative arthritis. We find the Board and the superior court were entitled under the evidence and the rule to consider Dr. Gilman as the attending physician. The Court of Appeals is affirmed on this issue.

Second Issue: Did Ruse establish heavy labor aggravated his preexisting back condition to result in a disability?

While the Industrial Insurance Act should be liberally construed in favor of injured workers, Dennis v. Department of Labor & Indus., 109 Wn.2d 467, 470, 745 P.2d 1295 (1987), a worker claiming entitlement to disability benefits for an occupational disease carries the burden of proving the disabling condition arose naturally and proximately out of employment. Dennis, 109 Wn.2d at 481; Dillon v. Seattle [*7] Police Pension Bd., 82 Wn. App. 168, 171, 916 P.2d 956 (1996). A worker is entitled to benefits if the employment either causes a disabling disease, or aggravates a preexisting disease so as to result in a new disability. Dennis, 109 Wn.2d at 474 (“ [C]ompensation may be due where disability results from work-related aggravation of a preexisting non-work-related disease.”). In an aggravation case, the employment does not cause the disease, but it causes the disability because the employment conditions accelerate the preexisting disease to result in the disability In this sense, it is proper to speak of the disability being caused by the employment in an aggravation case.

Dennis extensively discusses the elements of a disability claim premised on aggravation of a preexisting disease. The worker must prove a condition of the job “more probably than not” caused the disability, Dennis, 109 Wn.2d at 477, and the disability “came about as a matter of course as a natural consequence or incident of distinctive conditions of his or her particular employment.” Id. at 481. The “more probably than not” causation standard requires a showing that, but for the aggravating condition of the job, the claimed disability would not have arisen. Id. at 477. See also Dillon, 82 Wn. App. at 172.

Ruse’s disability claim was denied because he failed to establish his claimed disability would not have arisen but for the aggravating conditions of his work. Both the Board and the trial court found Ruse’s claimed disability arose naturally and occurred despite his employment. The Board ruled, “As of April 22, 1994, claimant’s conditions diagnosed as moderate degenerative arthritis and degenerative disc disease in the lumbar spine, worse at L3-4 level, were associated with natural progression of unrelated preexisting conditions or disease processes.” PDO at 8 (emphasis added). The trial judge ruled, “At all times relevant to this appeal, Mr. Ruse suffered from a degenerative arthritis which would have appeared and progressed despite his employment.” CP at 5-6 (emphasis added). These[*8] findings are supported by substantial evidence in the record, and the denial of Ruse’s claim flows from the findings. We affirm the denial of benefits.

As a final matter, Ruse challenges one paragraph in the Court of Appeals’ decision, in which the court held that Ruse failed to identify specific distinctive conditions of his employment. The decision states: “Hard work and heavy labor are conditions found in numerous types of employment and of life in general. These conditions do not satisfy the statutory mandate that ‘distinctive’ conditions of employment proximately caused Mr. Ruse’s disability.” Ruse, 90 Wn. App. at 454. Ruse and amici curiae claim this analysis improperly suggests hard work or heavy labor could never constitute a distinctive condition. We agree such a suggestion may be improper, but we decline to address the distinctive conditions issue because it was not properly before the Court of Appeals.

An appellate court should not address an issue upon which the Department did not rely in denying the claim. Cf. Hanquet v. Department of Labor & Indus., 75 Wn. App. 657, 662-64, 879 P.2d 326 (1994) (the Board may not consider an issue not passed upon by the Department, and the superior court likewise cannot consider a question not properly before the Board). Here, neither the Board nor the superior court entered any findings of fact or conclusions of law regarding the distinctive conditions issue. By analogy to Hanquet, the Court of Appeals should have declined to address an issue which was not reached below. Furthermore, it was entirely unnecessary for the Court of Appeals to reach the issue because it found—as did the superior court—that Ruse failed to prove the causal connection between his disability and his employment.

CONCLUSION

Given the Court of Appeals’ correct holding on the aggravation issue, it had no need to address the State’s newly raised distinctive conditions issue, and its discussion[*9] thereon should be disregarded as dicta. In all other aspects, the Court of Appeals is affirmed.

Guy, C.J., and Durham, Smith, Johnson, Madsen, Alexander, Talmadge, and Sanders, JJ, concur.

1

The Board adopted the Proposed Decision and Order as its own ruling.