Benson Rule (California)

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Re: Benson Rule (California)

Postby wcscout on Wed May 23, 2012 2:21 pm

Can someone provide more explanation on this?

If you have a doctor giving 100% (just for divisible math purposes); giving 70% to specific and 30% to CT; would you rate each out individually w/ a WPI of 70 and 30?
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Re: Benson Rule (California)

Postby on Thu May 24, 2012 12:08 pm

no you always rate first and then apply apportionment second.

So it would be two awards - one for 70% and one for 30%, if it did not meet any of the PTD presumptions or could not be proven as 100% for one of the dates of injury by LeBoeuf or by the preponderance of the evidence.
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