Under New York State Workers’ Compensation Law, the issue of apportionment is commonly addressed. The issue is raised when an insurance carrier attempts to limit its liability by apportioning a share of the liability for one’s disability or need for medical treatment to an earlier injury or accident.
Deciding what percentage to apportion against a prior condition is usually a medical issue. The insurance carriers often hire independent medical consultants to review extensive medical records an offer formal opinions dividing liability between multiple incidents, accidents, or medical conditions. Insurance carrier will often attempt to raise apportionment even if the prior medical condition was relatively minor.
Extensive case law exists regarding which types of prior injuries or medical conditions can be apportioned under the Workers’ Compensation Law.
If the insurance carrier has raised the issue of apportionment you may wish to learn more about their chances of successfully implicating a prior medical condition thereby reducing your current medical benefit.