Hutchison v. Industrial Claim Appeals Office

JUDGE BERGER,

specially concurring.

¶ 36 I join the court’s opinion. I write separately only to address my concerns regarding apportionment of liability attributable to a claimant’s genetic predisposition to a disease when the genetic predisposition has not actually resulted in the disease.1

¶ 37 The majority correctly observes that apportionment is permissible under some .circumstances. See, e.g., § 8-42-104(3), C.R.S. 2016.2 An employer is statutorily responsible only for injuries and disabilities caused by work injury or industrial exposure. Anderson v. Brinkhoff, 859 P.2d 819, 823…