Appeals Court Adds To Case Law On Apportionment For Preexisting Conditions

The Sixth District Court of Appeal says the Workers’ Compensation Appeals Board erred when it disallowed the 50% apportionment an agreed medical examiner said was due to an injured worker’s preexisting arthritis that contributed to her total knee replacement. The court found the board used an overly broad reading of an existing precedential decision to … Read More »

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Privacy, Apportionment, Dynamex Bills Clear Houses of Origin

Bills had until the end of May to clear their house of origin to remain alive and nearly a dozen measures impacting workers’ comp in particular and the insurance industry at large remain viable. Nearly all of the bills are expected to undergo additional amendments and refinements as they make their way through the legislative … Read More »

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UR Bill Clears Assembly, Apportionment Bill Still Alive

Two bills backed by the California Applicants’ Attorneys Association (CAAA) are advancing in the Legislature. One addressing utilization review is moving “as a vehicle for on-going discussions” about potential reforms, while the second would restrict apportionment for permanent disabilities. As recently amended, AB 1107 by Assemblyman Kansen Chu (D-Milpitas) would allow claimants to seek penalties … Read More »

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Apportionment is Mandatory

A California Court of Appeal overturned the Workers’ Compensation Appeals Board and said apportionment is mandatory when a pre-existing condition adds to the level of permanent disability for an injured worker. The published decision has claims adjusters adapting their processes to identify all the claims that may now be subject to apportionment. The decision is … Read More »

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Workers’ Comp Fate In Governor’s Hands

The California Legislature wrapped up its work for the year, and now it is up to Gov. Jerry Brown to determine the fate of the few workers’ comp bills that advanced to his desk. The bills cover a number of topics including apportionment, permanent disability, anti-fraud and the state’s $120 million return-to-work fund. These measures … Read More »

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