Pascucci v. Industrial Commission

OPINION

OGG, Chief Judge.

In this appeal we must determine if the hearing officer erred in his determination that the petitioner’s herniated disc condition was not a new, additional or previously undiscovered condition which warranted a reopening of petitioner’s claim.

The petitioner claims that there has been a change in his condition or the discovery of a new undiagnosed condition which occurred after his prior petition for reopening was denied. The respondents claim the petitioner’s same lower back problems were litigated in the prior petition to reopen, and that his present petition is…