§ 9-656. Apportionment

MD Lab & Emp Code § 9-656 (2019) (N/A)
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(a)    If it appears that a permanent disability of a covered employee following an accidental personal injury or occupational disease is due partly to the accidental personal injury or occupational disease and partly to a preexisting disease or infirmity, the Commission shall determine:

(1)    the proportion of the disability that is reasonably attributable to the accidental personal injury or occupational disease; and

(2)    the proportion of the disability that is reasonably attributable to the preexisting disease or infirmity.

(b)    The covered employee:

(1)    is entitled to compensation for the portion of the disability of the covered employee that is reasonably attributable solely to the accidental personal injury or occupational disease; and

(2)    is not entitled to compensation for the portion of the disability that is reasonably attributable to the preexisting disease or infirmity.