Does Hikida Create a Change in the Law of Apportionment?
Ray Stanek, Esq. Concord, California
The recent case of Hikida v. WCAB (2017) 12 Cal. App.5th 1249 presents an interesting question as to whether the decision has weakened the rules of apportionment in the California workers’ compensation system. This article lays out the history of apportionment law, in particular Labor Code section 4663, leading up to the Hikida decision and examines subsequent cases for signs of any emerging, and durable, trends from Hikida.
A Brief History of Apportionment in California Workers’ Compensation
Apportionment Before SB 899