The California Supreme Court will not be disturbing a Court of Appeals decision establishing that asymptomatic, preexisting conditions are fair game for apportionment. The 3rd District Appellate Court just issued a decision in City of Petaluma v. WCAB (Lindh) that concluded an employer was not liable for a workers’ compensation disability from a non-industrial condition.

“Under the current law, the salient question is whether the disability resulted from both non-industrial and industrial causes, and if so, apportionment is required,” the court said in Lindh. “Whether or not an asymptomatic, pre-existing condition that contributed to the disability would, alone, have inevitably become manifest and resulted in disability is immaterial.”

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