§ 9-656. Apportionment

   (a) Determination by Commission. -- 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) Payment of compensation. -- 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.

HISTORY: An. Code 1957, art. 101, § 22, 36; 1991, ch. 8, § 2; ch. 21, § 5.