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Poff v. IBP

3/11/2005

kmann and Demars, the question of whether the aggravation of a pre-existing condition is compensable under workers compensation turns on whether that aggravation stemmed from a job-related activity or injury.


Standing and sitting are normal everyday activities. However, it was the lack of movement, from either sitting on the stool with his feet dangling for prolonged periods when he washed tails, or the captive standing for prolonged periods of time on concrete while trimming heads, that were the aggravating factors in this case. These are not normal everyday activities.


We find there is substantial competent evidence in the record to support the Board's finding that Poff's varicose vein condition was a new and distinct injury which arose out of and was directly caused by his employment at IBP.


Affirmed.




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