CMP.6.6.030 Apportionment of Liability

If it is established at the Lac Courte Oreilles Insurance Appeal Board hearing that two (2) or more parties have each contributed to a physical or mental condition for which benefits would be otherwise due, liability for such benefits shall be apportioned according to the proof of the relative contribution to disability resulting from the injury or illness.

If after the Lac Courte Oreilles Insurance Appeal Board hearing, it has been determined that an injured Employee is entitled to compensation but that there remains in dispute only the issue of which of two (2) or more parties are liable for that compensation and one of the parties is the Employer, the Lac Courte Oreilles Insurance Appeal Board may recommend that the Employer pay the prorated share in an amount, time and manner as determined. If the Lac Courte Oreilles Insurance Appeal Board later determines another party is liable for compensation, reimbursement will be sought from the responsible party.