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Preexisting conditions are excluded under this Act. If a worker is suffering from a preexisting condition at the time an occupational incident, accident and/or condition occurs or arises in the course and scope of employment and the preexisting condition is aggravated thereby, the aggravation of the preexisting condition is, subject to provisions herein, compensable under this Act. The amount of the award for that disability as set forth in this Act may be reduced or denied in its entirety by the Administrator in consideration of the following:

A. A prior settlement from any source for the same impairment;

B. The difference between the degree of impairment of the worker before the covered accident and/or occupational disease and the degree of impairment after the covered accident or occupational disease; or

C. The benefits to be paid for impairments and/or disabilities would be in excess of one hundred percent (100%) of the whole person. For purposes of this subsection, benefits include those benefits or payments made under this Act, benefits from the workers’ compensation laws of any other jurisdiction, payments from third parties, or nonadjudicated disability and/or impairment found by the treating physician or arbitrator. ONCA 12-76, eff. Oct. 1, 2012; ONCA 15-52, eff. Nov. 6, 2015.