Wilkinson Is Dead!!

Wilkinson allowed successive injury cases to be rated together when they resulted in disability to the same body parts that became permanent and stationary at the same time. 
Under this decision, the Board must determine and apportion to the cause of disability for each industrial injury.  Consideration must be given to all potential causes of disability, whether from a current industrial injury, a prior or subsequent industrial injury, or a prior or subsequent non-industrial injury or condition. 

By way of example:  Two injuries cause a combined 100% disability.  Apportionment is determined to be 60% to one injury and 40% to the other.  The injured worker gets two separate awards – 60% and 40%.  This results in a substantial reduction of liability to for employers and insurance companines in such cases.  In such situations, ijured workers may still have the right to seek additional benefits under the subsequent injuries fund.

It was observed, however, that there may be limited circumstances, not present in the case decided, where the evaluating physicians cannot parcel out, with reasonable medical probability, the approximate percentages to which each successive injury causally contributed to the employee's overall permanent disability. Under those limited circumstances, a combined award of permanent disability may still be justified.