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Case Name Benson v. The Permanente Medical Group
Date 12/13/2007
Note The rule in Wilkinson is not consistent with the new requirement that apportionment be based on causation and, therefore, Wilkinson is no longer generally applicable.
Citation 72 CCC 1620
WCC Citation WCC 32892007 CA
THE PERMANENTE MEDICAL GROUP, Permissibly Self-Insured; ATHENS ADMINISTRATORS (Adjusting Agent), Defendant(s). Applicant, Dianne Benson, began working as a file clerk for The Permanente Medical Group in April 1992. If there was no substantial medical evidence to justify separately assigning a percentage of permanent disability to either injury, apportionment was not permitted. Thus, each separate injury requires a separate analysis of the medical evidence to determine the causative sources of disability. Indeed, a medical report that fails to offer an opinion on apportionment of each separate injury cannot be considered substantial medical evidence to justify an award of permanent disability.

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