Sattanino v. Sanitary District Number 6

In 2003, claimant, a sanitation worker, injured both knees when he slipped and fell while performing his duties. The self-insured employer’s third-party administrator did not dispute the ensuing claim for workers’ compensation benefits, but did raise issues regarding schedule loss of use and apportionment. A Workers’ Compensation Law Judge, among other things, apportioned the bulk of claimant’s schedule loss of use in both knees to his preexisting arthritis. Upon review, the Workers’ Compensation Board held that apportionment was unavailable under the circumstances of this case and set…