Canto Shadoan, Claudia

Applicant police detective sustained a cumulative trauma injury to her back through March 2, 2017, resulting in 24% permanent disability, with a prior 2010 specific back injury award of 9%. Because the parties stipulated that the duty-belt presumption under Labor Code section 3213.2 applied, apportionment based on causation under section 4663 was barred by the non-attribution clause of section 4663(e). The WCJ found apportionment to the prior award under section 4664 applied but improperly deducted the dollar value of the prior disability rather than the percentage. The Board held that section 4663(e)'s non-attribution clause does not affect apportionment under section 4664(b), which is based on overlap with a prior award rather than causation, and that the correct method per Brodie is to subtract the prior percentage from the current. The Board rescinded the F&A and substituted a finding of 15% (24% - 9%) permanent disability after apportionment, while deferring all issues in the companion case ADJ11349617.