Industrial Indemnity Co. v. Industrial Commission

OPINION

HAIRE, Judge.

This is a review of a consolidated Industrial Commission award entered in a workers’ compensation proceeding granting reopening of a 1975 claim but denying compensability of a 1984 new injury claim. We must decide whether there is a new injury if the sole effect of recent work activity is to exacerbate the symptoms of an already symptomatic back condition, but where this exacerbation requires new medical treatment and causes increased disability. Because such an exacerbation is a new injury, we set aside the award.

The respondent employee (claimant) first injured his back…