> >
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.
Download full case here.
Download full case here.