Kelly C. O'Connor
All articles by Kelly C. O'Connor
Can I Apportion to that Prior Injury/Condition?
Apportionment is an excellent mitigation strategy for carriers/employers. There are a couple of different scenarios to review when addressing apportionment; however, the threshold issue is permanency. Generally speaking, New York State Workers’ Compensation Law does not permit apportionment prior to permanency. The most common form of apportionment involves a prior compensable event. Under this scenario, there is no requirement that the carrier/employer prove an “active and symptomatic condition” at the time of the new/later injury. Addressing apportionment to a prior