State ex rel. Kettering Medical Center v. Wallace

It is undisputed that claimant’s psychological condition preceded her industrial injury — a fact formally recognized by the commission’s designation of her psychiatric condition as an “aggravation.” Appellant proposes that the commission abused its discretion by failing to separate the amount of psychological disability attributable to her industrial injury from that which preceded it. We disagree.

Appellant’s argument erroneously assumes that evidence of a pre-existing condition is prima facie evidence of a pre-existing disability as well. Appellant, however, ignores that claimant worked…