Jeffrey Hillings — ADJ22495839, ADJ22495402

Applicant Jeffrey Hillings, a Los Angeles police officer, sustained a cumulative trauma injury (2002-2020) and a specific injury (September 1, 2021) to his lumbar spine and right knee, both qualifying for the anti-attribution presumption of Labor Code section 3213.2. A workers' compensation arbitrator awarded unapportioned permanent disability, ruling that the anti-attribution clause of section 4663(e) precluded apportionment to applicant's three prior lumbar awards totaling 27% under section 4664(b). Defendant sought reconsideration, arguing that section 4664(b) apportionment to prior awards is distinct from causation apportionment and is not barred by section 4663(e). The Appeals Board granted reconsideration, finding the reasoning in Shadoan persuasive and holding that section 4663(e) does not preclude section 4664(b) apportionment to prior awards because 4664(b) apportions to a prior award of disability rather than to causation. The Board deferred permanent disability and attorney's fees and remanded to the WCA to develop the record on whether defendant met its burden of proving overlap.