No Apportionment of Disability for Worker's preexisting symptomatic, but nondisabling, Condition

A New York appellate court ruled that a worker's loss-of-use award for a shoulder injury should not have been apportioned between his accident and a preexisting shoulder that had never limited his ability to work. Case: Matter of Levitsky v. Garden Time, No. 518747, 03/26/2015, published. Facts: Eugene Levitsky injured his shoulder in November 2009 and received an award of workers' compensation benefits. He underwent shoulder surgery in 2011. His treating surgeon opined that he had suffered a 60 to 65% loss of use of his shoulder, and the medical consultant for his employer's in...