Claim of Scally v. Ravena Coeymans Selkirk Central School District

Cardona, P.J. (dissenting).

Over the past 30 years, this Court has consistently held that “apportionment is not appropriate where the claimant’s prior condition was not the result of a compensable injury and such claimant was fully employed and able to effectively perform his or her duties despite the noncompensable preexisting condition” (Matter of Bruno v Kelly Temp Serv., 301 AD2d 730, 731 [2003]; accord Matter of Hargraves v Dormann Lib., 18 AD3d 1105, 1106 [2005]; Matter of Hogan v Hilltop Manor of Niskayuna, 303 AD2d 822, 823 [2003]; Matter of Montana v Orion Bus Indus., 303 AD2d 820,…