Tuesday, September 02, 2003

No Apportionment When New Injury Aggravates Old Injury

In South Abington Township, et al. v. WCAB (Becker, et al.) the Claimant had a work-related injury to his hip, returned to work, then suffered a work-related aggravation of the pre-existing hip condition resulting in hip replacement surgery. There were two carriers. The Commonwealth Court rejected the request of the later carrier for Section 322 apportionment. The Court stated where a second workplace injury aggravates the condition in which the Claimant was left by the first, it will allocate responsibility for payments based upon the impact each injury has upon earning power.

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