Crown, Cork & Seal v. Smith, 171 Wash. 2d 866

Summary

The Supreme Court of Washington considered whether an employee's preexisting wrist condition constituted a "previous bodily disability" under RCW 51.16.120(1), thereby qualifying the employer for second injury fund coverage. The court held that such a disability must be an objectively injured state that either effectively impacts workplace performance or materially diminishes the employee's ability to perform routine activities of daily living. Because Crown, Cork & Seal did not establish that Sylvia Smith's wrist condition met this standard before her later industrial leg injury, the court affirmed the denial of second injury fund coverage.

Holdings

1. A previous bodily disability is an objectively injured state, rather than a transitory condition, that either effectively impacts an employee's workplace performance or materially diminishes the employee's functional ability to perform the essential routine activities of daily living.
2. Crown was not entitled to second injury fund coverage because it failed to prove that Smith's preexisting wrist condition effectively impaired her workplace performance or materially diminished her ability to perform essential activities of daily living at the time of the 1997 industrial injury.

Questions Presented

1. What constitutes a "previous bodily disability" under RCW 51.16.120(1) for purposes of second injury fund coverage?
2. Whether Smith's preexisting wrist condition constituted a previous bodily disability that, combined with her later industrial leg injury, entitled Crown to second injury fund coverage.

Disposition

affirmed