If it is determined that an injured worker had, at the time of his or her injury, a preexisting disease and that such disease delays or prevents complete recovery from such injury, it shall be ascertained, as nearly as possible, the period over which the injury would have caused disability were it not for the diseased condition and the extent of permanent partial disability which the injury would have caused were it not for the disease, and compensation shall be awarded only therefor.
RCW 51.32.100
Preexisting disease.
Applied in 3 court decisions — leading case 109 Wash. 2d 467 - Dennis v. Department of Labor & Industries (1987)
Most recently applied in 117 Wash. 2d 128 - Weyerhaeuser Company v. Tri (June 1991)
1977 ex.s. c 350 s 49; 1971 ex.s. c 289 s 44; 1961 c 23 s 51.32.100
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.