Aggravation of Pre-Existing Condition

Illinois courts frequently state the proposition that if a work injury aggravates a pre-existing condition, the aggravation is compensable and the employee is entitled to worker’s compensation benefits. This is well illustrated in a decision of the Illinois Appellate Court.

On a date in September, the employee sustained a herniated disc at work at the L5-S1 level of his back with additional disc problems at the level of L4-L5. He settled this case for 50% disability to the person-as-a-whole. Later his doctor released him and he did return to work.

Then, approximately 2 years later, he sustained a second injury for which he had surgery at both L4-L5 and L5-S1, the levels of his earlier disc problems. The operating surgeon stated that the second injury was a combination of a new condition and an aggravation of a pre-existing condition. A number of fellow workers testified that the claimant got along well when he was working before his second accident. The Court gave this statement of the law:

"Generally, an employer takes its employees as it finds them, and a pre-existing condition does not bar compensation of an injury if the employment was a causative factor."

This case reminds us that a condition of ill health may be aggravated by a work accident calling for worker’s compensation benefits.

If you have any questions on this subject, please call us at anytime.