Apportionment profoundly impacting comp system, says medical expert

Determining causation in the workers' comp system can be challenging, especially when the injured worker is older and/or has preexisting conditions.

Complicating it even more is identifying what percentage of an injury is work-related and what portion is due to age or other factors.

Florida is among the states that includes apportionment in its workers' comp system. The inclusion of medical care in 2003 has had a significant change in that state, according to a medical expert.

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"This has huge implications," said Dr. Jesse Lipnick of Southeastern Integrated Medicine in Gainesville, Fla. As Lipnick explained, plaintiffs' attorney's fees may be dependent on the amount of the award to the injured worker. "What's happening is a lot of these guys are getting out of workers' comp. They've said, 'It's not worth doing workers' comp anymore because I don't get reimbursed.'"

September 30, 2011

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