Read the following excerpt from a US court opinion:
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injury, were the result of the December fall, an occurrence which is not a subject of the claims before us. As to the hip, Dr. Paff attributed one-third of her disability to the preexisting condition, one-third to the June, 1992 fall, and one-third to the December fall. Dr. Hufft testified that Claimant had no shoulder or sacroiliac joint injuries, and that her knee problem was caused by the problem in her hip. He concluded that the condition of Claimant’s hip was not caused by the falls, and that she sustained no permanent partial disability as a result of them. Claimant argues that the aggravation of a preexisting condition may result in a compen-sable condition. We do not dispute the validity of this general premise. See Miller v. Wefelmeyer, 890 S.W.2d 372, 376 (Mo.App. E.D.1994) . While Claimant presented the testimony of Dr.
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What is the most suitable continuation to the opinion? Your options are:
A. holding on rehearing that exclusion for disabilities caused by a preexisting medical condition would not support denial of benefits caused by staph infection resulting from surgery for a preexisting condition
B. holding that treatment for symptoms of undiagnosed multiple sclerosis activated the preexisting condition exclusion and stating that there is no requirement that a diagnosis definite or otherwise of the preexisting condition must be made during the preexisting condition period
C. holding that the preexisting duty exception does not apply where the preexisting duty is a limited one and the alleged negligence is the failure to provide a level of assistance beyond that required by the preexisting duty
D. holding that receiving advice or treatment during the exclusionary period for a condition which proves to be the same condition the claimant seeks benefits for qualifies as a preexisting condition regardless of whether there was an accurate diagnosis
E. holding that a preexisting but nondisabling condition does not bar recovery of compensation if a jobrelated injury causes the condition to escalate to the level of disability
Reply with [A, B, C, D, E] only.