The recent en banc decision in Virgil v. County of Kern has set a new benchmark in the interpretation of workers’ compensation laws, particularly regarding the evaluation of permanent disabilities and the principles of apportionment. This case provides critical guidance for defense attorneys who navigate the complexities of workers’ compensation claims. Here, the attorneys at […]
On March 21, 2023, the Workers’ Compensation Board of Appeals (WCAB) overturned a work injury “apportionment” made by a Qualified Medical Evaluator (QME) in the case of Monter v. Randstad North America, Inc.. In doing so, the WCAB awarded additional workers’ compensation benefits to the claimant. The decision is instructive for employers and insurers. Here, […]
With the enaction of California Labor Code Sections 4663 and 4664 within SB 899 in 2004, the law regarding apportionment was radically changed. The transition has not always been a smooth one and the Workers’ Compensation Appeals Board has been issuing decisions ever since in an attempt to define what apportionment is and to clarify […]
