aggravation claim in Washington

13 Washington opinions name it 2 courts 1982–2020 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Dennis v. Department of Labor & Industriesgreen wash · 1987 · cited in 2 Washington opinions naming this issue, 2020–2020 2 sentences 2020Dennis quoted the basic aggravation rule: “‘[p]reexisting disease or infirmity of the employee does not disqualify a claim under the arising out of employment requirement if the employment aggravated, accelerated, or combined with the disease or infirmity to produce the death or disability for which compensation is sought.’” Id. at 475 (internal quotation marks omitted). 10 No. 36920-0-III Taylor v. Maxim Healthcare Servs. 2020Dennis quoted the basic aggravation rule: “‘[p]reexisting disease or infirmity of the employee does not disqualify a claim under the arising out of employment requirement if the employment aggravated, accelerated, or combined with the disease or infirmity to produce the death or disability for which compensation is sought.’” Id. at 475 (internal quotation marks omitted). 10 No. 36920-0-III Taylor v. Maxim Healthcare Servs.	2	2
Price v. Department of Labor & Industriesgreen wash · 1984 · cited in 1 Washington opinions naming this issue, 2016–2016 2 sentences 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at	1	1
Wilber v. Department of Labor & Industriesgreen wash · 1963 · cited in 1 Washington opinions naming this issue, 1996–1996 2 sentences 1996See Wilber v. Department of Labor & Indus., 61 Wn.2d 439, 444 , 378 P.2d 684 (1963); RCW 51.32.160(l)(a), 3 WAC 296-14-400. 4 To prevail on an aggravation claim, the claimant must establish the following elements by "medical testimony.” (1) The causal relationship between the injury and the 118 subsequent disability must be established by medical testimony. (2) The claimant must prove by medical testimony, some of it based upon objective symptoms, that an aggravation of the injury resulted in increased disability. (3) A claimant’s medical testimony must show that the increased aggravation occ 1996See Wilber v. Department of Labor & Indus., 61 Wn.2d 439, 444 , 378 P.2d 684 (1963); RCW 51.32.160(l)(a), 3 WAC 296-14-400. 4 To prevail on an aggravation claim, the claimant must establish the following elements by "medical testimony.” (1) The causal relationship between the injury and the 118 subsequent disability must be established by medical testimony. (2) The claimant must prove by medical testimony, some of it based upon objective symptoms, that an aggravation of the injury resulted in increased disability. (3) A claimant’s medical testimony must show that the increased aggravation occ	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Phillips v. Department of Labor & Industries neutral wash · 1956 2 sentences 1996Phillips v. Department of Labor & Indus., 49 Wn.2d 195, 197 , 298 P.2d 1117 (1956) (citations omitted). 1996Phillips v. Department of Labor & Indus., 49 Wn.2d 195, 197 , 298 P.2d 1117 (1956) (citations omitted).	3	1990–1996
Hutchins v. Department of Labor & Industries green washctapp · 1986 2 sentences 1995Hutchins, 44 Wn. 1994Hutchins v. Department of Labor & Indus., 44 Wn.	2	1994–1995
Anderson v. Department of Labor & Industries neutral wash · 1945 2 sentences 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at	1	2016–2016
Husa v. Department of Labor & Industries neutral wash · 1944 2 sentences 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at	1	2016–2016
Gakovich v. Department of Labor & Industries neutral wash · 1947 1 sentence 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at	1	2016–2016
Peterson v. Department of Labor & Industries neutral wash · 1934 2 sentences 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at 2016It first stated that it had not departed from a line of decisions that began with Peterson v. Department of Labor & Industries.23 In Peterson, the court reversed a trial court decision denying the aggravation claim of a worker with a large number of subjective symptoms with no organic explanation.24 20 6 Washington Practice: Washington Pattern Jury Instructions: Civil 155.09, at 464 (2d ed. 1980) (WPI). 21 Price, 101 Wn.2d at 523 (alteration in original). 22 Price, 101 Wn.2d at 525 (quoting WPI 155.09 note on use at 464 (1980)). 23 178 Wash. 15 , 33 P. 2d 650 (1934). 24 Peterson, 178 Wash, at	1	2016–2016
Cooper v. Department of Labor & Industries green washctapp · 2015 1 sentence 2016Cooper v. Dep't ofLabor & Indus., 188 Wn.	1	2016–2016
Wendt v. Department of Labor & Industries green washctapp · 1977 1 sentence 2013In case of a modification or reversal the superior court shall refer the same to the department with an order directing it to proceed in accordance with the findings of the court." 6Wendt v. Dep't of Labor & Indus., 18 Wn.	1	2013–2013
State v. Hughes green wash · 1986 2 sentences 1991Prosecutorial closing argument was consistent therewith, and the prosecutor told the jury that the State not only had to prove aggravation beyond a reasonable doubt but that the jury had to be unanimous. [46] Instruction 11, the aggravation instruction, is almost identical to the wording in RCW 10.95.020 and is very similar to the instruction which we approved in State v. Hughes, 106 Wn.2d 176, 196-97 , 721 P.2d 902 (1986). 1991Prosecutorial closing argument was consistent therewith, and the prosecutor told the jury that the State not only had to prove aggravation beyond a reasonable doubt but that the jury had to be unanimous. [46] Instruction 11, the aggravation instruction, is almost identical to the wording in RCW 10.95.020 and is very similar to the instruction which we approved in State v. Hughes, 106 Wn.2d 176, 196-97 , 721 P.2d 902 (1986).	1	1991–1991
State v. Shipp green wash · 1980 2 sentences 1991The method which the trial court used in instructing the jury, with the elements of premeditated murder in the first degree being in one instruction and the aggravating factor being in a separate instruction, has been declared by this court to be the "preferred manner" of instructing. [81] 107 [47] Defendants also argue that instruction 11 created an invalid mandatory presumption in violation of State v. Shipp, 93 Wn.2d 510 , 610 P.2d 1322 (1980). 1991The method which the trial court used in instructing the jury, with the elements of premeditated murder in the first degree being in one instruction and the aggravating factor being in a separate instruction, has been declared by this court to be the "preferred manner" of instructing. [81] 107 [47] Defendants also argue that instruction 11 created an invalid mandatory presumption in violation of State v. Shipp, 93 Wn.2d 510 , 610 P.2d 1322 (1980).	1	1991–1991
Lewis v. ITT Continental Baking Co. green wash · 1979 2 sentences 1990Lewis v. ITT Continental Baking Co., 93 Wn.2d 1, 3 , 603 P.2d 1262 (1979); Phillips v. Department of Labor & Indus., 49 Wn.2d 195, 197 , 298 P.2d 1117 (1956). 1990Lewis v. ITT Continental Baking Co., 93 Wn.2d 1, 3 , 603 P.2d 1262 (1979); Phillips v. Department of Labor & Indus., 49 Wn.2d 195, 197 , 298 P.2d 1117 (1956).	1	1990–1990
Harbor Plywood Corp. v. Department of Labor & Industries green wash · 1956 2 sentences 1987Our decision that the underlying disease need not be work related accords with decisions recognized in 1 A. Larson, Workmen's Compensation § 12.21, at 3-336 (1985) (reciting the basic aggravation rule: " [preexisting disease or infirmity of the employee does not disqualify a claim under the 'arising out of employment' requirement if the employment aggravated, accelerated, or combined with the disease or infirmity to produce the death or disability for which compensation is sought" (footnote omitted) (quoted in Harbor Plywood Corp. v. Department of Labor & Indus., 48 Wn.2d 553, 556 , 295 P.2d 3 1987Our decision that the underlying disease need not be work related accords with decisions recognized in 1 A. Larson, Workmen's Compensation § 12.21, at 3-336 (1985) (reciting the basic aggravation rule: " [preexisting disease or infirmity of the employee does not disqualify a claim under the 'arising out of employment' requirement if the employment aggravated, accelerated, or combined with the disease or infirmity to produce the death or disability for which compensation is sought" (footnote omitted) (quoted in Harbor Plywood Corp. v. Department of Labor & Indus., 48 Wn.2d 553, 556 , 295 P.2d 3	1	1987–1987
Reeder v. Sears, Roebuck & Co. green wash · 1952 2 sentences 1982Greenwood v. Olympic, Inc., 51 Wn.2d 18 , 315 P.2d 295 (1957); Reeder v. Sears, Roebuck & Co., 41 Wn.2d 550 , 250 P.2d 518 (1952). 1982Greenwood v. Olympic, Inc., 51 Wn.2d 18 , 315 P.2d 295 (1957); Reeder v. Sears, Roebuck & Co., 41 Wn.2d 550 , 250 P.2d 518 (1952).	1	1982–1982
Greenwood v. the Olympic, Inc. green · 1957 2 sentences 1982Greenwood v. Olympic, Inc., 51 Wn.2d 18 , 315 P.2d 295 (1957); Reeder v. Sears, Roebuck & Co., 41 Wn.2d 550 , 250 P.2d 518 (1952). 1982Greenwood v. Olympic, Inc., 51 Wn.2d 18 , 315 P.2d 295 (1957); Reeder v. Sears, Roebuck & Co., 41 Wn.2d 550 , 250 P.2d 518 (1952).	1	1982–1982

Statutes the citing opinions construe

WA § Wash. Rev. Code § 51.32.160 (6) WA § Wash. Rev. Code § 51.52.115 (4) WA § Wash. Rev. Code § 2.06.040 (3) WA § Wash. Rev. Code § 51.52.130 (3) WA § Wash. Rev. Code § 51.52.140 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OR 102 (1975–2021) WA 13 (1982–2020) DC 12 (1995–2022) AZ 10 (1974–2017) FL 7 (1995–2018) NJ 5 (1996–2021) UT 4 (1992–2020) NE 3 (2005–2023) NM 3 (2013–2013) NC 3 (1909–1983) IL 3 (1977–2024) IA 3 (2003–2018) OH 3 (2001–2016) MS 2 (2002–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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