A workers’ compensation appeal in Washington state has affirmed that a worker was entitled to a special jury instruction at trial. He had already been granted a retrial on a separate, unrelated basis, but this was an important point to clarify in the event there were future appeals.
In the case of Clark County v. McManus, the Washington Supreme Court ruled the plaintiff’s requested jury instruction – which would have indicated plaintiff’s doctor’s testimony should be afforded special consideration – should have been given.
According to court records, plaintiff worked for the county as a street sweeper from 1999 until 2011. he was reportedly forced to quit his job because he suffered a debilitating and degenerative spinal condition that affected his lower back. He attributed this condition to the bumpy ride he endured daily as a street sweeper, plus the layout of the operator’s cab, which was poorly suited for proper ergonomics. Continue reading