A judge's finding of fact concerning whether the new or old insurance company was liable for an injury's aggravation should not be discarded by the Workers' Compensation Appeals Board.
In Liberty Mutual Insurance Co. v. WCAB, 375 C.D. 2007, 08/20/2007, the Commonwealth Court of Pennsylvania ruled that the WCAB correctly amended its own order after it mistakenly ignored the judge's finding and should now be upheld.
"It is well settled that whether disability results from an aggravation of a pre-existing condition or a recurrence of a prior injury is a question of fact to be determined...
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