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Posted on: Jul 17, 2017
The Court of Appeal, Second Appellate District decision in Hikida v. WCAB(Costco) held that if an employer is responsible for the injured worker's medical treatment, then the employer is responsible for any disability arising directly from that treatment - without apportionment.
Thank you to CAAA member Alan Gurvey who represented Maureen Hikida and CAAA's Amicus Committee for its participation in the case, with a special shout out to Justin Sonnicksen.
This case brings clarity and some sanity to the "apportionment" landscape.  It confirms that injured workers are entitled to full compensation when their disabilities are caused by their medical treatment from their work injures.
As you read the decision, the Court's logic points to the possibility that Hikida may be extended to cover disabilities caused by a lack of timely treatment.
Will it apply in situations where a claimant has become opioid dependent as a result of delays in medical treatment, including denial of other treatment modalities?
Read more about Hikida here.