Category Archives: Apportionment

WCAB Panel Decision Round-Up: Top Issues for Claims Adjusters

1. Apportionment Pitfalls and Documentation Key TrendMany recent WCAB decisions have emphasized the need for clear, well-supported medical opinions on apportionment. Panels repeatedly admonished parties where physicians simply assigned percentages with inadequate rationales or failed to distinguish non-industrial from industrial factors. Adjusters often faced delays and higher litigation costs when an inadequate physician report triggered […]

Examining the En Banc Decision in Vigil v. County of Kern: A Defense Perspective on Permanent Disability and Apportionment

The recent en banc decision in Vigil 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 […]

WCAB OVERRULES WORK INJURY APPORTIONMENT MADE BY QME

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, […]

IS APPORTIONMENT DEAD?

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 […]