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Thread: Apportionment

  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Apportionment

    I have 4 comp injuries. 2 are from 1991 and 1996 and 2 recent ones are 2007 and 2010...The comp lawyer wants to apportion 30% split to the 91 and 96 injuries even though my injuries resolved its self and I lived a normal life with no problems what so ever, no treatments no complaints no medications nothing...The rest they want to apportion to the 07 and 2010 injuries and I have been having troubles since 07....My question is what does the apportionment have to do with my current treatment or money or the change in the comp laws? Does having the apportionment back to the 91 and 96 injuries have anything to do with my case other then what insurance company pays for what part of any medical or money? Does the apportionment affect me at all? I dont have an attorney anymore because my case got too complicated and they werent making enough money off me so they dropped me as a client..Thank you for any help you can give me...

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Apportionment

    If there were PD ratings to the prior injuries/claims.... you are subject to approtionment to cause.
    you cannot be more than 100% PD... your ER is only liable for the PD due to this injury... the prior would reduce any award you may see from the current claim.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Apportionment

    Quote Quoting countryygrl View Post
    I have 4 comp injuries. 2 are from 1991 and 1996 and 2 recent ones are 2007 and 2010...The comp lawyer wants to apportion 30% split to the 91 and 96 injuries even though my injuries resolved its self and I lived a normal life with no problems what so ever, no treatments no complaints no medications nothing...The rest they want to apportion to the 07 and 2010 injuries and I have been having troubles since 07....My question is what does the apportionment have to do with my current treatment or money or the change in the comp laws? Does having the apportionment back to the 91 and 96 injuries have anything to do with my case other then what insurance company pays for what part of any medical or money? Does the apportionment affect me at all? I dont have an attorney anymore because my case got too complicated and they werent making enough money off me so they dropped me as a client..Thank you for any help you can give me...
    you'll have to represent yourself on this issue. the best way to prepare is to read up on the case law on the issue.
    you can find case decisions by searching the WCB website and use the keyword "apportionment":
    http://www.wcb.state.ny.us/


    apportionment may affect the rates at which your disability is paid.
    do you have medical opinion that your prior injuries did not contribute to your current disability?
    without that your opinion alone may not be enough.
    since you are not represented you can contact the advocate for injured workers for detailed answers:
    (518) 474-8182
    (800) 580-6665

  4. #4
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,341

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
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    Default Re: Apportionment

    do you have medical opinion that your prior injuries did not contribute to your current disability?
    Apportionment to cause has nothing to do with the current injury... but how prior impairment may affect or contribute to impairment due to this injury.

    Causation of the current injury is determined by AOE/COE>

  6. #6
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,341

    Default Re: Apportionment

    Quote Quoting BvIA View Post
    Apportionment to cause has nothing to do with the current injury... but how prior impairment may affect or contribute to impairment due to this injury.

    Causation of the current injury is determined by AOE/COE>
    Unless you suffered two different injured body parts with the same injury.
    For example, a sprained knee versus a broken arm. You may want to apportion your arm as 75% the knee 25% of total 100% of injury, then go from there to figure out the total amount of body percentage of both injuries so to use a number to establish your and the IC total body percentage of loss.
    Last edited by Q-man; 08-21-2011 at 06:48 PM.
    Knowledge is a beneficial tool for the injured worker!

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Apportionment

    Apportionment goes to cause of permenant impairment...not how the injury is affected or caused, or what body parts... or how the rating may be calculated in your scenario. Two different equations here..

    Apportionment to cause is a medical determination to whether or not the EE had any % of impairment due to prior injury, industrial or not, at the time of hire, or during the course of employment that would be a consideration in reducing the final PD rating in this claim. The ER is liable only for PD due to THIS injury.

  8. #8
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,341

    Default Re: Apportionment

    Quote Quoting BvIA View Post
    Apportionment goes to cause of permenant impairment...not how the injury is affected or caused, or what body parts... or how the rating may be calculated in your scenario. Two different equations here..

    Apportionment to cause is a medical determination to whether or not the EE had any % of impairment due to prior injury, industrial or not, at the time of hire, or during the course of employment that would be a consideration in reducing the final PD rating in this claim. The ER is liable only for PD due to THIS injury.
    Sorry, in the (NYS) scenario I stated, is correct, known from PERSONAL experience.
    Knowledge is a beneficial tool for the injured worker!

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