Tag: apportionment

Apr 22, 2022

NY Court Affirms Apportionment of Liability Between Special and General Employers

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that apportioned liability for the benefits due under an injured employee’s workers’ compensation claim between the...

NY Court Affirms Apportionment of Liability Between Special and General Employers NY Court Affirms Apportionment of Liability Between Special and General Employers
Aug 5, 2021

Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition

In a decision not designated for publication, a Virginia appellate court affirmed a finding of the state’s Workers’ Compensation Commission that an injured employee’s work-related accident had caused only a...

Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition Half of Virginia Claimant’s PPD Apportioned to Pre-Existing Condition
Jul 10, 2020

In NY Apportionment Claims, Key is Existence of Prior Disability, Not its Cause

A New York appellate court held that since an employer and carrier had prevailed in a 2013 scheduled loss of use (SLU) claim on causation grounds — the WCLJ’s decision...

In NY Apportionment Claims, Key is Existence of Prior Disability, Not its Cause In NY Apportionment Claims, Key is Existence of Prior Disability, Not its Cause
Feb 6, 2020

No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical Evidence

In spite of medical evidence that indicated an injured employee’s disability should be equally apportioned between his noncompensable lung cancer condition and a subsequent work-related injury to his right shoulder...

No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical Evidence No Apportionment For NY Claimant’s Preexisting Cancer In Spite of Medical Evidence
Sep 30, 2019

NY Board Errs in Apportioning Disability to Preexisting Multiple Sclerosis

Where a worker’s preexisting multiple sclerosis (“MS”) was non-disabling and undiagnosed at the time he suffered a slip and fall injury on ice, striking his head on the pavement, it...

NY Board Errs in Apportioning Disability to Preexisting Multiple Sclerosis NY Board Errs in Apportioning Disability to Preexisting Multiple Sclerosis
Oct 13, 2017

NY Employer Does Not Always Take Employee as it Finds Him

Apportionment Allowed for Prior Nonwork-Related Knee Injury A New York appellate court affirmed a finding by the state’s Workers’ Compensation Board that apportioned a claimant’s 30 percent right leg schedule...

NY Employer Does Not Always Take Employee as it Finds Him NY Employer Does Not Always Take Employee as it Finds Him
Sep 7, 2017

2017’s Top 10 Workers’ Compensation Cases

During September of each of the past five years, my colleague, Robin Kobayashi, and I have pulled together a volume entitled, Workers’ Compensation Emerging Issues Analysis. Annually published by LexisNexis®,...

2017’s Top 10 Workers’ Compensation Cases 2017’s Top 10 Workers’ Compensation Cases
Jun 29, 2017

California: Apportionment Inappropriate Where PTD Results From Medical Treatment, Not the Underlying Condition

Where a California worker developed a number of conditions during her 26-year career with her employer, including carpal tunnel syndrome (CTS), which medical experts attributed 90 percent to industrial factors...

California: Apportionment Inappropriate Where PTD Results From Medical Treatment, Not the Underlying Condition California: Apportionment Inappropriate Where PTD Results From Medical Treatment, Not the Underlying Condition
Jun 7, 2017

Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic

Has the State Established New Weight-Loss Program for Workers? Emphasizing that within the Colorado workers’ compensation scheme, the employer does not necessarily take the employee as it finds him (or...

Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic Colorado Court Apportions Two-Thirds of Occupational Disease Claim to Overweight Mechanic
Apr 1, 2015

New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling

Where Claimant sustained a severe sprain to his right shoulder while working as a police officer in 1981 and returned to work without any schedule of loss (“SLU”) or other...

New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling New York: Apportionment Inappropriate Where 1981 Injury Remained Symptomatic But Was Not Disabling
Jan 22, 2012

New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case

Last Thursday, a New York appellate court recently affirmed a decision by the state’s Workers’ Compensation Board that had determined that a worker’s death was causally related to his employment...

New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case New York: Apportionment Not Available Between Work-Related Asbestosis and Non-Work-Related Thyroid Cancer in Death Benefits Case