What is Apportionment In A California Workers’ Compensation Case?

Apportionment is a critical concept in California workers’ compensation cases. Understanding this term is vital for anyone navigating a workers compensation claim. Thomas F. Martin, a workers’ compensation attorney with over 30 years’ experience, will clarify this seemingly complex legal principle in this blog.

Understanding Apportionment in Workers’ Compensation

“Apportionment” in workers’ compensation refers to the process of determining what portion of an employee’s injury or illness is directly attributable to their work. It’s a legal and medical method used to distinguish the extent of injury caused by work-related activities from other factors.

However, before the employer (or its claims administrator) is legally entitled to a discount on what they owe you ( that’s what I call apportionment), certain legal and medical standards must be met.

1. The Role of Apportionment
   Apportionment can play a significant role in calculating the permanent disability benefits an injured worker receives. It ensures that the compensation awarded reflects only the portion of the injury or illness that is work-related.

2. Factors Considered in Apportionment
   Several factors can influence apportionment decisions, such as pre-existing conditions, the nature of the work-related injury, and the worker’s overall health. The goal is to accurately assess how much of the injury or illness can be attributed to the specific injury, the job duties or work environment.
3. Medical and Legal Standards Must Be Met Before “The Apportionment Discount” Applies
   The courts have made clear that before the employer (or its claims administrator) is entitled to apportionment, a physician must explain in detail “how and why” there is a reduction in the permanent disability that is owed. An unsupported opinion is not good enough under the law. Challenging an apportionment discount requires knowledge and skill.

How a Workers’ Comp Attorney Can Assist Navigating the “apportionment discount” often requires a skilled workers’ comp attorney. Thomas F. Martin can:

-Scrutinize Medical Reports: Understanding and challenging medical apportionment evaluations regarding apportionment.

-Advocating for Accurate Compensation: Ensuring clients receive just compensation that accurately reflects their work-related injuries or illnesses, and assuring there is no illegal discount of the permanent disability owed.

-Legal Guidance and Representation: Offering legal advice and representation throughout the workers’ compensation claim process.

Apportionment is a key threat to just compensation in California workers’ compensation cases, affecting the amount of compensation an injured worker receives. With the guidance of an experienced workers’ comp attorney like Thomas F. Martin, claimants can navigate this complex issue more effectively and ensure their rights are protected. Call us today at (714) 547-5025 for your free consultation.