Injury: Aggravation / Substantial Aggravation
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Where doctor issues contradictory opinions due to mistake, and later clarifies the opinion, Commission can rely on that medical evidence in making determination. Pre-existing condition is not the same as pre-existing disability, therefore even if injured worker had a pre-existing condition, this does not affect eligibility for compensation based on aggravation of that condition.
Vote: 4-0, 3 concur / dissent
Opinion by: Justice Resnick
Commission decision that pre-existing condition substantially aggravated by an injury at work had returned to the status it would have had if the workplace injury had not occurred involves extent of disability, not right to participate, and must be challenged by mandamus action rather than R.C. 4123.512 appeal.
Vote: 6-0, 1 concurs in judgment only
Opinion by: O’neill