WELCHER v. WORKERS' COMPENSATION APPEALS BOARD, PART - I
Under the 2004 amendments to the workers' compensation law, where a partially disabled worker sustains a work related injury causing further permanent disability, the correct method to apportion worker's permanent disability is to subtract the percentage of permanent disability caused by factors other than the current industrial injury from the overall percentage of permanent disability, thus determining the percentage of permanent disability caused by the current injury, even if the current injury is to a completely different body part. The worker is then entitled to the monetary value of permanent disability benefits payable for this percentage of permanent disability.
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