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.