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The concept of Apportionment encourages Employers to hire physically imperfect workers, with the confidence that prior disability will not be financially strapped to the Employer's back. Most people would rather be hired than screened out. If an injury occurs, the Employer gets credit for the prior disability.
I think in the global picture, CAAA and the Legislature will have to come out stating that they either favor Employee screening to avoid full liability for re-injury, or favor Apportionment to articulable genetic/hereditary/gender conditions that are known to cause non-industrial disability. One or the other will ultimately become the reality. Now is the time to pick a poison, because the Free Market is going to demand a remedy.
There is a mechanism in place already that protects employers from the burden of pre-existing conditions. It's called the Subsequent Injury Benefit Trust Fund. Employers need to be educated on this and know that a portion of there W/C premiums goes into this fund.
When invoking a category ( such as genetics) one must also perform counterfactual analyses in order to define its limits. Given the fact that everything in the human body is genetically based it would necessarily preclude all apportionment. The determination of apportionment in the Rice case was SPECIFIC to the individual. It was scientifically established meaning the physician identified the productive relation between the impairment and the fact of degeneration. The bills language is inconsiderate of counterfactual possibilities. Genetics as a category should fail for lack of specificity.
Agreed. A Pandora's box if ever there was one.
Carriers need to provide genetic therapy to offset impact of genes on industrial injury.
Jul 29 – Aug 2, 2024
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76th Annual SAWCA Convention
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