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Tuesday, December 11, 2018
Employer May Apportion Disability to Pre-Existing, Asymptomatic Condition
- State: California
- Topic: WEST
- - Popular with: Legal
- - 3 shares
A California appellate court ruled that an employer may apportion a worker’s disability follow…
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2 Comments
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Brad Wixen Dec 11, 2018 a 3:12 pm PST
I am not sure why this is news. Escobedo held this and it has been the law. The question was whether this was illegal apportionment to risk factors of injury but that was not pursued.
Robert Mata Dec 11, 2018 a 6:12 pm PST
I think this is news because a) it's published and citable authority, and b) it does a really good job of explaining the law of apportionment. For someone who is new to the area, this is a great opinion to read to get up to speed on apportionment. For someone who has been around Comp for a while, this opinion is a great refresher course of what it means to properly find apportionment. I find it a rather well written opinion.
Tom Martin Dec 13, 2018 a 12:12 am PST
Straight application of Brodie and Escobedo. Big news ....ten years ago.