Appeals Court Considering Second Bias Challenge to Apportionment

For the second time in a month, the 3rd District Court of Appeal is considering an age- and gender-bias challenge to apportionment for a non-industrial condition – in this case, low bone density, or osteopenia. Lawyers on Monday made oral arguments in Fitzpatrick v. WCAB, CO55399. Both claimant’s attorney Melissa Brown and Mark Riggenbach, who is representing employer Montessori of Placerville in the case, said they expect a decision within the next week or two, based on the same court’s quick turnaround in the earlier matter. The current case involves D...