In what appears to be the first Calif. Labor Code § 4664 "straddle" case, an Appeals Board panel held in Brault v. State of California that permanent disability awarded to an applicant under the 2005 Permanent Disability Rating Schedule for a 12/29/98 injury could not be apportioned based upon a prior permanent disability award made to the applicant for a 1/6/95 injury under the 1997 Schedule for Rating Permanent Disabilities because the rating methods in the two different schedules were irreconcilable. The Appeals Board held that the applicant's 12/29/98 injury caused 7-percent permanent disability, after apportionment of 1-percent to the 1/6/95 injury made pursuant to a physician's determination that the prior injury produced permanent disability equivalent to 1-percent when calculated under the 2005 Schedule.
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