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LYLE v. DEPT. OF LABOR & IND.

No. 33482.

49 Wn.2d 540 (1956)

304 P.2d 668

ERNEST E. LYLE, Respondent, v. THE DEPARTMENT OF LABOR AND INDUSTRIES, Appellant.

The Supreme Court of Washington, En Banc.

December 5, 1956.

Attorney(s) appearing for the Case

The Attorney General and John C. Martin, Assistant, for appellant.

Walthew, Oseran & Warner (Eugene Arron, of counsel), for respondent.

HILL, J.

This is an aggravation case. The sole issue is succinctly stated in an instruction to which neither the claimant nor the department of labor and industries took exception:

"The sole issue for your determination is whether or not the plaintiff's disability has increased between December 20, 1951 and June 2, 1952, as a result of his December 5, 1949 injury and, if so, to what extent. You cannot consider any increase in plaintiff's disability, if any...

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