Wilma Diggle

Applicant Wilma Diggle, a custodian, sustained an industrial spine injury on October 4, 2000, resulting in 70% overall permanent disability before apportionment. She had a prior 1993 back injury awarded 12% permanent disability. The dispute concerned the proper method of apportioning the prior disability under SB 899's new section 4664. The WCJ applied the subtraction method from the en banc decision Nabors (following Fuentes 'Formula A'), yielding 58% disability and $56,142.50. Applicant argued that Nabors was not binding because a petition for writ of review had been filed and because the repeal of former section 4750 invalidated the Fuentes method. The Board denied reconsideration, holding that Nabors remains binding precedent because neither the filing of a petition for writ of review nor the grant of a writ of review stays or suspends the operation of an en banc decision under Labor Code section 5956.