Worker's Disability Can't Be Apportioned

A New York appellate court ruled that a worker’s disability could not be apportioned between a traumatic brain injury from an on-the-job fall and his pre-existing, later-diagnosed multiple sclerosis. Case: Matter of Whitney v. Pregis Corp., No. 527172, 09/26/2019, published. Facts: Keith G. Whitney worked for the Pregis Corp. as a maintenance technician. In December 2013, he slipped on a patch of ice and fell, striking his head on the pavement. Whitney experienced a gradual functional decline. He eventually established his entitlement to workers’ compensation benefits for i...