Martins

Here we hold that a doctor’s report which does not apportion injuries according to the workers’ compensation statutes is not legally sufficient to support apportionment.

Facts

In June of 1991, Rita Martins filed a claim alleging injury to both lower extremities in the course of her employment by Farm Boy Restaurant, insured by G.M.I.S. (respondents), from September 15, 1964, to October 12, 1990. Martins had worked as a waitress and as a restaurant manager during that period. She sometimes worked eight-hour shifts on cement floors. As a manager, her duties included bathroom cleaning, trash disposal and the carrying of heavy boxes of supplies. Her feet developed bone spurs and began hurting her during the last few years of employment. Surgery did not alleviate the symptoms.

On October 7, 1991, Dr. Donald Schwartz reported: “Based on this patient’s history, she began having progressively increasing difficulties with her heels in January of 1989. . . . [fl] . . . [Medical] records would indicate that the patient did have onset of this problem on a work-related basis .... The patient does, however, point out that her difficulties with her feet were present and being…