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Employer Can't Apportion Worker's Disability to Preexisting Nonindustrial Condition

By WorkCompCentral

Monday, June 29, 2015 | 0

A New York appellate court ruled that an employer was not entitled to apportion part of an employee's disability after a workplace fall to his preexisting, nonindustrial neck condition. Case: Matter of Lattanzio v. Consolidated Edison of New York, No. 518375, 06/18/2015, published. Facts: John Lattanzio suffers from a neck condition that has required intermittent treatment since 2000. Despite this condition, he was able to work full time, with restrictions, for Consolidated Edison of New York. In October 2010, Lattanzio fell while at work and injured his back. He then app...

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