Apportionment to Pre-Existing Disability Under New Labor Code 4663 and 4664 – Requires Subtraction of Disability Percentages, Not Dollars.

Naborsvs.Piedmont Lumber & Mill Company, State Compensation Insurance Fund(Filed 6/9/2005; WCAB En Banc)7 WCAB Rptr. 10,192This recent "en banc" decision by the Workers' Compensation Appeals Board ("WCAB") resolves yet another issue as to how the new apportionment rules under Senate Bill 899 are to be applied. But the issue is not really new. It stems from amendments to Labor Code 4658 that the legislature made more than 30 years ago.Section 4658 governs computation o