What the panel ordered
WCJ's May 31, 2005 decision affirmed, finding applicant's May 8, 2002 back injury caused 10% permanent disability after apportionment
Petition for reconsideration granted to study apportionment under Labor Code section 4664 as enacted by Senate Bill 899; case assigned en banc for uniformity of decision
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The en banc decision holds that under Labor Code section 4664, when there is a prior permanent disability award involving different body regions, the prior permanent disability is conclusively presumed to still exist and must be subtracted from the current disability unless the applicant disproves overlap. The defendant has the burden to prove the prior award's existence. The WCJ's finding of 10% permanent disability for the May 8, 2002 back injury after apportionment is affirmed.
From the decision · page 112 We granted reconsideration to further study the issue of apportionment under Labor Code