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Supreme Court Apportionment Decision

From: Bill McClure
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Date: 5/4/2007
Time: 1:27:39 PM
Remote Name: 69.231.40.126

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If you haven't already heard the Supreme Court issued its unanimous decision in the multiple cases involving the formula for calculating apportionment. The Court found that the Fuentes formula is still the proper formula for calculating apportionment. The percentage of disability (not the amount af money paid to the employee)from a prior injury or disease is to be subtracted from the percentage of the cumulative disability after a subsequent injury. The employer is only responsible for the remaning percentage of disability. A major victory for employers and insurance carriers.

Last changed: April 02, 2008