Insurers Taking Crack at Eggshell Skull Rule in Apportionment Appeal

A case pending before California’s 1st District Court of Appeal could determine whether the long-standing rule holding employers liable for permanent disability caused by the aggravation of a preexisting condition is relevant in the era of apportionment. The 1st DCA in May granted a request by the city of Petaluma to review a Workers’ Compensation Appeals Board decision that disallowed an apportionment determination finding a blow to the head caused only 15% of the loss of vision that Aaron Lindh suffered. The WCAB said a qualified medical evaluator improperly apportioned to injur...