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United Parcel Service3/21/2003
ts to Howard on an impairment rating based on the Fifth Edition of the AMA Guides.
UPS's second argument is that the ALJ erred in not finding that there was prior active impairment. The ALJ relied on the evidence of Dr. Tibbs that "Howard's condition is not due in part to arousal of a pre-existing dormant condition or congenital abnormality." Further, Dr. Tibbs stated that Howard "did not have an active impairment prior to this injury ." That evidence was sufficient to support the ALJ's decision in this regard.
The opinion of the Board is affirmed.
ALL CONCUR.
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