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WCAB Rulings Show Apportionment for Obesity no Simple Matter

By Sherri Okamoto (Legal Reporter)

Monday, December 9, 2013 | 1

By Sherri Okamoto, legal reporterCalifornia Workers' Compensation Appeals Board panel decisions show that it takes more than conjecture to apportion permanent disability awards for pre-existing obesity, a condition that afflicts one third of the U.S. population and is viewed as a worrisome cost driver for workers' comp insurers.  WCAB panels have addressed the issue of apportioning for obesity at least four times since September. In one case, a WCAB panel threw out a medical report that was short on specifics about how an applicant's extra pounds contributed to his disability....

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