New Apportionment Provisions of SB 899 Apply to Increased Permanent Disability Alleged in Any Petition to Reopen Still Pending on April 19, 2004. (2)

Almost two years in the making, the WCAB recently released yet another "en banc" decision contending with the fallout from SB 899 and the changes it made to the apportionment statutes. In a decision that surprised no one, the WCAB held that the new apportionment statutes apply to claims of increased permanent disability alleged in any petition to reopen that was still pending on April 19, 2004 when SB 899 was enacted.