What is a “worsening” of the condition versus a “waxing and waning”?
An earlier closing of the workers claim which awarded any amount of permanent disability, no matter how insubstantial, is now presumed to have contemplated future waxing and waning of symptoms of the condition. Worsening must now be based on more than a loss of earning capacity, inpatient hospitalization or time off work. An actual worsening is something more serious than a waxing of symptomatology.
