Apportionment Under LC 4633 - Part 1

Sunday, March 17, 2002 | 0

In the first article of this series, CA DWC Regional Manager Mark Kahn discussed apportionment principles generally. The next few articles in this series will discuss the more technical elements in detail.

L.C. 4663 provides for apportionment to a disease process existing prior to the compensable injury. This section provides that in the case of an aggravation of any disease existing prior to a compensable injury, compensation shall be allowed only for that proportion of the disability due to the aggravation of such prior disease which is reasonably attributed to the industrial injury.

L.C. 4663 must be interpreted taking into consideration the principle that the employer takes the employee as he finds him at the time of hire. When a subsequent industrial injury lights up or aggravates a previously existing asymptomatic condition, then liability for any resulting disability is allowed, without apportionment (Ballard v. WCAB, 36 CCC 34).

The leading case on apportionment under L.C.