Legal Opinion

Eastwood v. Department of Labor

Court of Appeals of Washington

Decided August 18, 2009No. 27297-4-IIIPublishedCited by 14 opinions

1Opinion of the Court

Kulik, A.C.J.

¶1 RCW 51.32.160(l)(a) provides that workers whose original workers’ compensation claims have been closed may seek to reopen their claim for further benefits upon establishing an “aggravation” of the disability. The claimant must show objective medical evidence of worsening. Here, expert opinion was not based on objective findings. Therefore, we reverse the superior court and reinstate the Board of Industrial Insurance Appeáls’ decision denying a compensable aggravation.

FACTS

¶2 The facts and procedural history of this case are undisputed. On December 16, 1999, Terri L. Eastwood…

2Cases cited9 opinions

  1. American Nursery Products, Inc. v. Indian Wells OrchardsWashington Supreme Court · 1990
  2. Wilber v. Department of Labor & IndustriesWashington Supreme Court · 1963
  3. Phillips v. Department of Labor & IndustriesWashington Supreme Court · 1956
  4. Moses v. Department of Labor & IndustriesWashington Supreme Court · 1954
  5. Pont v. Department of Labor & IndustriesCourt of Appeals of Washington · 1986

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3Cited by14 opinions

  1. Cantu v. Department of Labor & IndustriesCourt of Appeals of Washington · 2012
  2. Cantu v. Department of Labor & IndustriesCourt of Appeals of Washington · 2012
  3. Zavala v. Twin City FoodsCourt of Appeals of Washington · 2015
  4. Ronald v. Ma'ae, V State Of Wa Dept Of Labor And IndustriesCourt of Appeals of Washington · 2019
  5. Robbins v. Department of Labor & IndustriesCourt of Appeals of Washington · 2015

9 more not listed; retrieve them via the Exa API.

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