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Steven D. Feinberg

apportionment). Physicians in California are asked to address apportionment and consider all the contributing-causal factors of the applicant's permanent disability based on substantial medical evidence; however, these physicians do face some challenges in apportioning to the causes of the permanent disability under the rules stipulated in Code Section 4663 enacted by the California State Board (SB) 899. Substantial Medical Evidence The analysis of what constitutes substantial medical evidence has a sequential analysis and is best described in Part II.E. of the

in AMA Guides® Newsletter
Phil Walker

process of disability. Two of the most hotly debated new sections of the law are Labor Code Sections 4663 and 4664 on apportionment of disability. The Guides Fifth Edition discusses in Section 1.6b apportionment analysis for impairment; the Guides does not directly evaluate disability. There are aspects of apportionment of disability in California that are clear and not clear. What Is Clear Under new California Labor Code Section 4663 and 4664 the following is clear: Apportionment of permanent disability is based on causation (Cal. L.C. Sec. 4663[a

in AMA Guides® Newsletter
Christopher R. Brigham
,
J. Mark Melhorn
,
Charles N. Brooks
,
Steven D. Feinberg
, and
James B. Talmage

“lit up” a medical condition, the injury is considered work-related. In other jurisdictions, the requirement for causation is a substantial contributing factor. Causation of disability deals with the determination of accurate permanent disability and apportionment between industrial and nonindustrial factors. California Labor Code Section 4663 14 as enacted by Senate Bill 899 15 on April 19, 2004, specified that: (a) Apportionment of permanent disability shall be based on causation. (b) Any physician who prepares a report addressing the issue of permanent

in AMA Guides® Newsletter