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Nelson v. Semitool3/26/1992
operate as a source of disability after the accident. Larsen's Workers' Compensation, Volume 2, Section 59.22(c), Page 10-401.
We do not find the conclusion of the Workers' Compensation Court to be inconsistent with Larsen as cited above. There is substantial evidence that the original back injury was an impairment that "independently produced some degree of disability". For example, claimant had to leave a previous job due to his back injury. There is also substantial evidence to support the finding that the prior injury is the source of Nelson's current disability.
Section 39-72-706, MCA, requires that if a disability from another cause is aggravated or accelerated or in any way contributed to by an occupational disease, compensation for the occupational disease is reduced in a proportional amount. We conclude that substantial evidence exists that cumulative trauma from work at Semitool aggravated Nelson's pre-existing back disability. The Workers' Compensation Court is affirmed.
CHIEF JUSTICE TURNAGE and JUSTICES TRIEWEILER, HUNT and WEBER concur.
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