Supreme Court Settles Apportionment

Brodie v. Workers’ Comp. Appeals Bd. (2007) 40 Cal.4th 1313 [72 Cal. Comp. Cases 565]:  On May 3, 2007 the California Supreme Court settled (once again) the calculation of apportionment.  The Court reversed/overruled Brodie, Dykes & Nabors.  The Court held that in all scenarios apportionment is to be calculated as it was prior to SB 899 under the Fuentes doctrine.  In other works you apportion percentages then go to the money chart to find out what the dollar value of the net rating is.

This constitutes a big victory for defendants.  It also provides a workable, bright line, and equitable way of determining the monetary compensation due to injured workers.

 

Opinion issued by California Supreme Court May 3, 2007.

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