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Court Of Appeals Finds There Must Be Evidence Of Pre-Existing Condition For Substantial Aggravation Claim To Be Compensable

On June 9, 2014, the 12th District Court of Appeals decided Briggs v. Franklin Pre-Release Center, 12th App. No. CA2013-10-035, 2014-Ohio-2477.  Briggs stands for the proposition that to participate in the workers’ compensation law for substantial aggravation of a pre-existing condition, there must be some evidence the alleged condition pre-existed the injury.  The court wrote: “[such] evidence is crucial because, without any evidence to suggest that Briggs’ T4-7 syrinx existed prior to the workplace incident, Briggs was unable to show that the T4-7 syrinx was substantially aggravated by the workplace incident pursuant to R.C. 4123.01(C)(4).”  Conclusory medical opinions will not satisfy the law.  Click here to read the case.

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