BENSON APPORTIONMENT LIVES
There is a growing trend of med-legal report writers to circumvent
Benson apportionment between different dates of injury by merely stating that the PD is "inextricably intertwined" between the dates, resulting in a singular PD amount to the benefit of the applicant. However, in
Chavez v. Autozone (2018) 46 CWCR 139, the WCAB confirmed that apportionment as between dates of injury must be applied except in "limited circumstances" in which the medical provider must clearly state a reasonable justification for combining rather than separating the PD as between dates of injury.
CWC&R: The California Workers Compensation and Risk Conference is coming up next month from September 4 - 7, 2018 in Dana Point, CA. Over 1500 work comp professionals attend this dynamic event featuring the top speakers in the industry. HEW&S is proud to be a sponsor, and will have a booth in the exhibit hall which will be manned by Ilene Sheldon, Angela Currie and Michelle Waters.
After review of our law firm's quality legal programs, the State Bar of California has officially renewed HEW&S's status as an approved MCLE provider for the next three (3) years.