Larson v. Brooks-Scanlon

This is a workers’ compensation case in which the issue is whether claimant has shown, by a preponderance of the evidence, that his present disabling low back symptoms are an aggravation of an earlier compensable injury. The referee held that they are; the Workers’ Compensation Board reversed. We reverse.

Claimant, a 55-year old logger, has an extensive history of low back trouble since at least 1967. However, he was symptom free at the time of the compensable incident on August 13, 1975, which underlies this claim. Claimant was diagnosed as having degenerative disc disease and a herniated…