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Definition of Apportionment

Apportionment is a method of determining the degree of your permanent disability. It means that your employer is allowed to assign your disability to a previous workers' compensation injury to the same body part. In doing so, this reduces the monetary benefits for your current work-related injury. However, it is only under certain situations that your employer is permitted to "apportionbenefits from your current injury to a previous injury.

In order for your employer to do this, there has to have been a loss-of-earning-capacity evaluation for your past injury. In many cases, this is not done. Even in those instances where there is an evaluation attributable to a past workers' compensation injury, your employer still has to show that your previous injury:

  • Was an injury to your body as a whole (usually your neck, head or back)
  • Continued to act as a source of disability after the accident
  • You were actually compensated for that past injury; and
  • Was independently producing some disability prior to your current accident/injury.

In most instances, your employer will not be able to do this.

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