Flash Report: Supreme Court Finally Sets Guidelines For Apportionment Cases

By: Doug Moore

The California Supreme Court yesterday, in a much anticipated decision, settled the issue of how to apply apportionment of workers' compensation claims responsibility for workers who have suffered injuries at more than one employer. Apportionment has become a hot button issues ever since new rules were enacted by the 2004 reform legislation and the courts have interpreted the new statutes in a variety of novel ways. The decision will likely bring an end to the moratorium the Workers' Compensation Appeals Board last October placed on all apportionment cases pending guidance from the state's high court and allow those cases to move forward. The decision involves five cases – including the Welcher v. WCAB and Brodie v. WCAB cases – in which the court had granted review to resolve the split of authority involving a number of appellate court decisions.

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