Cornelius v. Dow Chemical Corp.

SAVOIE, Judge.

This is a workmen’s compensation claim by plaintiff, JoAnn Cornelius, who asserts she became disabled by an on-the-job aggravation of a pre-existing non-disabling injury. The trial judge denied any compensation benefits, stating that whatever discomfort or disability the plaintiff suffered was directly related to her pre-employment injury. He further stated, that in his opinion, her injury was merely a flareup and a successive episode directly flowing from her original pre-employment injury. She appeals.

In November, 1980, approximately four to five months after Ms. Cornelius…