(a) 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) 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.
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5.
Formerly Art. 101, §§ 22, 36.