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Employer May Apportion Disability to Pre-Existing, Asymptomatic Condition

By WorkCompCentral

Tuesday, December 11, 2018 | 3

A California appellate court ruled that an employer may apportion a worker’s disability following a work injury to a previously asymptomatic, underlying condition. Case: City of Petaluma v. WCAB (Lindh), No. A153811, 12/20/2018, published. Facts: Aaron Lindh worked as a police officer for the City of Petaluma. He suffered head injuries during a training exercise in 2015, and afterwards complained of headaches. Lindh also lost the vision in his left eye. Lindh underwent an assessment by Dr. David Kaye, a neuro-ophthalmologist and qualified medical evaluator. Kaye reported that Li...

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