Schell v. Globe Trucking, Inc.

The question we decide in this case is whether a workers’ compensation claimant who is claiming the right to participate in the State Insurance Fund as a result of an aggravation of a pre-existing condition must prove that the aggravation is “substantial,” and, if so, what “substantial” means in that context. The appellant administrator has not taken a position on this question; he has simply urged that this court should decide this issue and adopt a uniform standard throughout the state.

For the reasons that follow, we hold that a workers’ compensation claimant who has proven a work-related…