Apportionment — how an injured worker’s permanent disability (monetary award) can be reduced due to a prior award or condition (industrial or non industrial) — was modified by SB 899. All permanent disability reports must discuss what portion is due to the work injury and what portion may be due to non work related factors. For example, with a specific injury resulting in a herniated disc with degenerative joint disease (DJD), a doctor may now say that the DJD was in part due to the aging process thereby reducing the City’s liability for permanent disability, even though you never had symptoms until the work related injury. The bill also establishes a presumption that any prior award of permanent disability exists at the time of any later injury. If you had an award in 1990 for a back injury, rehabilitated, continued to work, and in 2005 have another back injury, the City can still reduce any potential new award of permanent disability by the old award.