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Seminar Archives

Apportionment and Inconvenient Bedfellows

The applicability of apportionment on a case by case basis is not a debate which will be over soon. However, by staying on top of the medicals on the file, and ensuring a thorough medical history is developed, Defendant can put themselves into a better position to argue for the application of apportionment where we can establish the industrial injury is not the sole cause of the permanent disability.

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It is not enough for a doctor to simply assign a percentage of non-industrial apportionment, as was the case in Moreno. If you are in receipt of a report with a similar conclusory opinion on apportionment, do not assume that such opinion will be approved by a judge in determining an applicant’s permanent disability. Recall that it is the defendant’s burden to prove that apportionment is supported by substantial medical evidence. There are options that must be undertaken prior to settling in order for the opinion to hold up in court.

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A Vision of Apportionment

As such, the Panel determined that the section refers to the totality of the character of the disability, not the totality of causation of or liability for that disability.

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The Hidden Weapon of an Earlier Date of Injury

The threat of an earlier date of injury is often necessary when dealing with that annoying codefendant who sits on the sidelines behind their Petition for Dismissal because their coverage ended earlier in a cumulative trauma claim.

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To Parcel or Not to Parcel, the Complete Edition

Ever since the passage of SB 899, litigation as to which injury is responsible for indemnity obligations to the injured workers has been endless, and Workers’ Compensation Judges and the Workers’ Compensation Appeals Board continue to struggle with application of the facially simple principles set forth by Labor Code 4663 and Labor Code 4664.

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