Apportionment Under LC Section 4750 - Part 3

Sunday, April 28, 2002 | 0

In the last article on LC 4750 apportionment, CA DWC Regional Director Mark Kahn reviewed the issue of whether the employee was suffering from a disability such that some work comp permanent disability award would have been given for the condition. This article continues that discussion.

Once the defendant has proved that there was some event or condition and that event or condition resulted in disability to compete in the open labor market, he has met his burden of proof on apportionment.

However, at this point it does not necessarily follow that the defendant will prevail. The issue under L.C.