By John P. Kamin, Legal EditorA recent California Workers' Compensation Appeals Board panel decision serves as another example of the difficulties of proving apportionment in cases involving a prior injury that was rated under the 1997 Permanent Disability Rating Schedule, and a current claim under the 2005 schedule. The WCAB panel declined to apportion an award under the 2005 Permanent Disability Rating Schedule for a prior award under the 1997 PDRS because of the difficulty of comparing ratings under the two schedules. In the case of Garvey v. City of Los Angeles, a WCAB panel of Commiss...
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