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| Case Name | Kleeman v. WCAB | |
|---|---|---|
| Date | 03/02/2005 | |
| Note | SB 899 apportionment applies prospectively from the date of enactment of S.B. 899, regardless of the date of injury. | |
| Citation | 127 Cal.App.4th 274 | |
| WCC Citation | WCC 30972005 CA |
Kleemann petitioned respondent, Workers' Compensation Appeals Board (WCAB), for a ruling that new Labor Code sections 4663 and 4664 did not apply but the WCAB remanded to the WCJ for a final decision. Accordingly, the decision of the WCAB is annulled and the matter is remanded for further proceedings consistent with this opinion. *FN 1 Kleemann petitioned the WCAB for removal, *FN 2 alleging that the WCJ's retroactive application of apportionment under new sections 4663 and 4664 would cause irreparable harm. The WCAB expressly declined to decide whether new sections 4663 and 4664 applied. DISPOSITION The decision of the WCAB is annulled and the matter is remanded for further proceedings consistent with this opinion.
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