The Department of Labor and Industries seeks reversal of a Court of Appeals decision awarding workers' compensation to respondent Kenneth Dennis for disability resulting from an occupational disease.
Dennis v. Department of Labor & Indus.,
Dennis, a sheet metal worker, quit working due to dis
Dennis wаs a sheet metal worker for 38 years. His job required him to use 9- to 18-inch bladed tin snips for 4 to 5 hours per day to cut metal. Since at least 1970 Dennis was affected by generalized, diffuse, and multi-joint osteoarthritis. At the hearing, Dennis' attending physician presented uncontroverted medical testimony that the work aggravated the osteoarthritis in Dennis' wrists and that the osteoarthritis became symptomatic and disabling as a result of repetitive metal snipping. Dennis and his doctor were the only witnesses to testify. There is no dispute that Dennis is disabled due to the condition of his wrists.
In
Stertz v. Industrial Ins. Comm'n,
RCW 51.04.010 embodies these princiрles, and declares, among other things, that "sure and certain relief for workers, injured in their work, and their families and dependents is hereby provided [by the Act] regardless of questions of fault and to the exclusion of every other remedy". To this end, the guiding principle in construing provisions of the Industrial Insurance Act is that the Act is remedial in nature and is to be liberally construed in order to achieve its purpose of providing compensation to all covered employees injured in their employment, with doubts resolved in favor of the worker. RCW 51.12.010;
Sacred Heart Med. Ctr. v. Carrado,
With this principle in mind, we turn to the issues raised by this case involving occupational disease coverage. Disability resulting from occupational disease coverage is com-pensable pursuant to RCW 51.32.180, which provides that a worker suffering disability from an occupational disease shall receive benefits under the Act:
Every worker who suffers disability from an occupational disease in the course of employment under the mandatory or elective adoption provisions of this title, or his or her family and dependents in case of death of the worker from such disease or infection, shall receive the same compensation benefits and medical, surgical and hospital care and treatment as would be paid and provided for a worker injured or killed in employment under this title . . .
RCW 51.32.180. Occupational disease is defined in RCW 51.08.140 as "such disease or infection as arises naturally and proximately out of employment".
Focus upon these statutes alone, narrowly construed, would seem to result in exclusion from coverage of the con
Such a construction would, however, be contrary to the purpose of the Act. By expressly providing that workers suffering disability from occupational disease be accorded equal treatment with workers suffering a traumatic injury during the course of employment, RCW 51.32.180 effectuates the Act's purpose of providing sure and certain relief to all workers injured in their employment. Thе worker whose work acts upon a preexisting disease to produce disability where none existed before is just as injured in his or her employment as is the worker who contracts a disease as a result of employment conditions.
Moreover, we have long recognized that benefits are not limited to those workers previously in perfect health.
Groff v. Department of Labor & Indus.,
It is a fundamental principle which most, if not all, courts accept, that, if the accident or injury complained of is the proximate cause of the disability for which compensation is sought, the previous physical condition of the workman is immaterial and recovery may be had for the full disability independent of any preexisting or congenital weakness; the theory upon which that principle is founded is that the workman's prior physical condition is not deemed the cause of the injury, but merely a condition upon which the real cause operated.
Miller,
at 682-83. The worker is to be taken as he or she is, with all his or her preexisting frailties and bodily infirmities.
Wendt v. Department of Labor & Indus.,
Thus, we have repeatedly recognized in a long line of
The historical development of occupational disease coverage in Washington further supports our conclusion that disability resulting from work-related aggravation of a nonwork-related disease may be compensable as an occupational disease. Washington's Industrial Insurance Act was enacted in 1911. There was then no coverage for disability resulting from occupational disease; only injuries sustained performing certain extrahazardous work were compensable. Laws of 1911, ch. 74, § 2, p. 346. Indeed, contraction of disease was expressly excluded from the Act. Laws of 1911, ch. 74, § 3, p. 346, 349. This exclusion of occupational diseases paralleled that of statutes in other states. Then, in the 1920's and 1930's a number of states developed schedules of covered diseases. IB A. Larson,
Workmen's Compensation
§ 41.20 (1987);
see also
Solo-mons,
Workers' Compensation for Occupаtional Disease Victims: Federal Standards and Threshold Problems,
41 Alb. L. Rev. 195, 197-98 (1977). In concert with this
(18) Disability arising from blisters or abrasions. Any process involving continuous friction, rubbing or vibration causing blisters or abrasions;
(19) Disability arising from bursitis or synovitis. Any process involving continuous rubbing, pressure or vibration of the parts affected;
Laws of 1937, ch. 212, § 1, p. 1033. By including these conditions, the Legislature early recognized that progressive physical deterioration due to work conditions could in time constitute a compensable disability.
A 1939 amendment broadened coverage by providing for diseases enumerated in the Act where a worker was exposed to disease-causing conditions in employment in another state, provided that the disease was quiescent and nondis-abling for 1 year prior to injurious exposure while in the course of employment in Washington. Laws of 1939, ch. 135, § 1, р. 382.
In 1941, the Legislature again broadened coverage by eliminating the list of enumerated compensable diseases, and enacting the present definition of occupational disease (as one which "arises naturally and proximately out of" employment), although at that time compensation was awardable only in cases involving extrahazardous employment. Laws of 1941, ch. 235, § 1, p. 772. The Legislature also deleted the strict requirements for coverage of workers with prior exposure in another state. Laws of 1941, ch. 235, § 1, p. 772. Then, in 1959, the Legislature provided coverage for disability resulting from occupational disease in all employment, thus eliminating the "extrahazardous employment" requirement. Laws of 1959, ch. 308, § 4, p. 1470.
From "no coverage" to the present broad definition of occupational disease, the Legislature has repeatedly and
In summary, the purpose of the Industrial Insurance Act, the rule of liberal construction of provisions of the Act in favor of workers, analogous case law involving industrial injuries acting on preexisting nonwork-related disease, the history of occupational disease coverage in Washington, and our broad definition of occupational disease all support our holding that compensation may be due where disability results from work-related aggravation of a preexisting non-work-related disease.
We are mindful of the caution that the Legislature did "not [intend] to provide workmen with life, health, or accident insurance at the expense of the industry in whiсh they are employed."
Favor v. Department of Labor & Indus.,
Our 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.,
In addition to maintaining that the underlying disease must be employment caused, a proposition we reject here, the Department also suggests that where a preexisting disease condition was symptomatic, compensation is not awardable for disability resulting from aggravation of that disease. The Department relies upon
Kallos v. Department of Labor & Indus.,
In any event, we need not resolve the "symptomatic-asymptomatic" issue in this case because the uncontro-verted medical testimony established that the osteoarthritis in Dennis' wrists became symptomatic and disabling as a result of repetitive tin snipping. While the osteoarthritis manifested itself elsewhere in Dennis' body, we are here concerned only with the disabled condition of his wrists and the medical testimony respecting that condition.
Having determined that work-related aggravation of a nonwork-related disease may result in compensable disability, we turn to the meaning of the requirement that an occupational disease " [arise] naturally and proximately out of employment..." RCW 51.08.140.
Nearly forty years ago this court addressed the require
The legislature is presumed to have been familiar with the meaning of "proximate cause" as used by the courts, and that being so, when they defined as an occupational disease those diseases or infections as arise naturally and proximately out of extrahazardous employment, it would follow that they meant that the condition of the extra-hazardous employment must be the proximate cause of the disease fоr which claim for compensation is made, and that the cause must be proximate in the sense that there existed no intervening independent and sufficient cause for the disease [1] so that the disease would not have been contracted but for the condition existing in the extrahazardous employment.
Simpson Logging Co. v. Department of Labor & Indus.,
The causal connection between a claimant's physical condition and his or her employment must be established by competent medical testimony which shows that the disease is probably, as opposed to possibly, caused by the emplоyment.
Ehman v. Department of Labor & Indus.,
While the "proximately" requirement is not seriously in disputе, the parties do dispute whether Dennis' disabling wrist condition arose "naturally" out of employment. The Board upheld the rejection of Dennis' claim because it found that the development and exacerbation of the osteoarthritis in his wrists was not peculiar to, nor inherent in, his occupation, nor was he exposed to a greater risk of developing or aggravating osteoarthritis than would occur in other types of employment or nonemployment life. Finding of fact 4; Clerk's Papers, at 15-16. The Board therefore concluded that Dennis' disabling wrist condition did not arise "naturally" from his employment.
The Board's formulation of the "naturally" requirement is from the decision by Division Two of the Court of Appeals in
Department of Labor & Indus. v. Kinville,
The Board's adherence to the analysis in
Kinville
is understandable because that decision was, at the time of the Board's decision, the only published Washington opinion defining "naturally" as used in RCW 51.08.140. We do not, however, agree with the "peculiar to, or inherent in" construction used in
Kinville.
In 1941, the Legislature had before it a definition of "occupational disease" as one "which is due to causes and conditions which are present in, characteristic of, and peculiar to a particular extrahazardous occupation." Senate Bill 190, introduced February 6, 1941. This language was changed in committee and, when
Moreover, in Simpson Logging Co. this court rejected the Department's argument that compensation was only awardable if the disease was peculiar to the claimant's occupation and all workers in a particular occupation were exposed to the harmful conditions. Thus, both this court аnd the Legislature have declined to employ a "peculiar to" test. 2 To the extent that the decision in Kinville suggests that a worker must show that the employment conditions causing his disease-based disability are "peculiar to" his employment, it is incorrect.
Division One of the Court of Appeals also disagreed with the decision in
Kinville,
and held that "naturally" means that a worker must demonstrate a "logical relationship between the disease-based disability and the work ..."
Dennis v. Department of Labor & Indus.,
In interpreting the "naturally" language of RCW 51.08-.140, we begin with the principle that the court is required, whenever possible, to give effect to every word in a statute.
Hanson v. Tacoma,
As a general rule, where a term is not defined in the
"Naturally" is, of course, inextricably bound to the statutory requirement that the occupational disease, or disability due to work-related aggravation of a nonwork-related disease, "arise out of employment." The "arising out of employment" language is found in a number of states' statutes, and is interpreted in a number of ways.
See generally
1 A. Larson,
Workmen's Compensation
§ 6.00-.60 (1985). For example, the "peculiar to" test, which we have rejected, has been used.
See 1 A.
Larson § 6.20, at 3-4. Another interpretation, which Professor Larson characterizes as the prevalent test today, is the "increased-risk test" which is distinguished from the "peculiar-risk test" "in that the distinctiveness of the employment risk can be contributed by the increased
quantity
of a risk that is
qualitatively
not peculiar to the employment." 1 A. Larson § 6.30, at 3-5. The "arising out of employment" requirement in most state statutes applies to all claims for workers' compensation. Washington is one of a few states which do not have the "arising out of employment" requirement in their injury statutes. 1 A. Larson § 6.10, at 3-2. Instead, our statutory scheme in general requires that the injury occurred while the worker was within the "course of employment" when injured. RCW 51.32.010. Thus, under our Act an
injury
need not "arise out of employment" to be compensable.
Tilly v. Department of Labor & Indus.,
RCW 51.32.180, which provides equal benefits to those with a compensable disability from occupational disease as to those suffering an industrial injury, also uses the language of RCW 51.32.010: "[e]very worker who suffers disability from an occupational disease in the course of employment..." (Italics ours.) RCW 51.32.180.
Only in the context оf an occupational disease does our Act expressly require that the disabling condition "arise out of employment." RCW 51.08.140. Therefore, in construing the term "naturally" in its ordinary sense, the meaning of the term must be tied to the "arising out of employment" language. We hold that a worker must establish that his or her occupational disease came about as a matter of course as a natural consequence or incident of distinctive conditions of his or her particular employment. The conditions need not be peculiar to, nor unique to, the worker's particular employment. Moreover, the focus is upon conditions giving rise to the occupational disease, or the disease-based disability resulting from work-related aggravation of a nonwork-related disease, and not upon whether the disease itself is common to that particular employment. The worker, in attempting to satisfy the "naturally" requirement, must show that his or her particular work conditions more probably caused his or her disease or disease-based disability than conditions in everyday life or all employments in general; the disease or disease-based disability must be a natural incident of conditions of that worker's particular employment. Finally, the conditions causing the disease or disease-based disability must be conditions of employment, that is, conditions of the worker's particular occupation as opposed to conditions coincidentally occurring in his or her workplace.
Our analysis here does not, in any way, modify the longstanding requirement that a claimant satisfy the "proximately" requirement of RCW 51.08.140.
See Simpson Log
One other aspect of this case requires our attention. As noted above, the court in
Kinville
said that RCW 51.08-.140 "requires a showing by the claimant that the job requirements of his particular occupation exposed him to a greater risk of contracting the disease than would other types of employment or nonemployment life." (Footnote omitted.)
Kinville,
at 88. We have recognized a "greater risk" test, but in a somewhat different context. In
Sacred Heart Med. Ctr. v. Carrado,
The precise issue in Sacred Heart was the proof required to show that the disease there was causally connected to employment. The medical testimony showed that there is generally a greater risk of contracting hepatitis in the claimant's employment as a nurse in a hospital than someone in another employment. We held that the Board and the jury were entitled to consider this evidence to infer a causal connectiоn. Our decision in Sacred Heart does not require each claimant for occupational disease coverage to prove an increased risk of disease-based disability due to conditions of his or her particular employment, but instead eases the burden of proof requirement.
Although the "greater risk test" as stated in
Kinville
is consistent with what Professor Larson concludes is the prevailing interpretation given the "arising out of employment" requirement in other states, for two reasons we are unprepared to require proof of a "greater risk" in the worker's particular employment of contracting an оccupational disease or of disability resulting from work-related aggravation of a preexisting disease. First, our Industrial Insurance Act is unique and the opinions of other state
While we disagree with the Court of Appeals interpretation below of the "naturally" requirement, we agree that there is a sufficient factual basis for this case to go to the trier of fact. Dennis' attending physician testified that while all people are susceptible to osteoarthritis, some may be more susceptible than others for a number of reasons not all of which are understood by the medical community. He stated that the disease does not always become symptomatic. He further testified that osteoarthritis is presumably related to wear and tear phenomena. Dennis' physician testified that more probably than not Dennis' repetitive use of tin snips made the osteoarthritis in his wrists symptomatic and disabling. While Dennis had osteoarthritis elsewhere in his body, the evidence showed that it was worse in his wrists. His physician also testified that it was reasonable to assume that the localization of pain in his wrists was related to his occupation. It is reasonable to infer that the use of tin snips 4 to 5 hours per day over 38 years resulted in such wear and tear phenomena as to aggravate the osteoarthritis in Dennis' wrists to the point of disability. The evidence in the record is sufficient to support the inference that Dennis' disabling wrist condition arose naturally and proximately out of his employment. As the Court of Appeals correctly observed, the Department may argue against the inference.
Pearson, C.J., Utter, Dolliver, Andersen, Callow, Goodloe, and Durham, JJ., and Hamilton, J. Pro Tern., concur.
Notes
1 As we have explained here, the term "occupational disease" may include disability due to aggravation of a nonwork-related disease.
The court in
Kinville
believed, however, that language in
Favor v. Department of Labor & Indus.,
