Apportionment Still Widely Misunderstood Despite Updated Regs, Lengthy Case History, Experts Say

Despite decades of relevant case law and several rounds of regulatory rehashing, California workers’ compensation stakeholders on both sides of the courtroom still often misunderstand or misapply the concept of apportionment, comp legal experts said. And as cases featuring apportionment continue to come before Workers’ Compensation Appeals Board judges, confusion over injury causation versus permanent-disability causation lies at the heart of the issue, said Raymond Correio, senior associate at  Pearlman, Brown & Wax in Encino. “There are certain cases in worke...