CITY AND COUNTY OF SAN FRANCISCO, SHERIFF’S DEPARTMENT GARY T. KONG WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARY T. KONG, Applicant,vs.CITY AND COUNTY OF SAN FRANCISCO, SHERIFF’S DEPARTMENT,Defendants,Case No. SFO 0479610OPINION AND DECISIONAFTER RECONSIDERATION On July 31, 2006. lhe Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to further study the factual and legal issues. This is our decision after reconsideration. In the Findings and Award of June 23, 2006, the workers’ compensation administrative law judge (WCJ) found, in relevant part, that applicant, while employed as a police officer on a cumulative trauma basis ending February 25, 2004, sustained industrial injury to his heart and cardiovascular system, causing permanent disability of 78%, that by virtue of Labor Code section 3212, applicant’s permanent disability is not subject to apportionment pursuant to Labor Code sections 4663 or 4664, and that defendant failed to prove that applicant’s permanent disability Is subject to apportionment pursuant to Labor Code section 4664(b). Defendant, City and County of San Francisco, sought reconsideration of the WCJ’s decision, contending that Labor Code section 4664(b) allows apportionment to prior Stipulations with Request for Awards. Defendant specifically contends that it is entitled to monetary apportionment of $75,037.00 for the prior permanent disability awards, without regard to the fact that the prior awards were 1 Merle C. Rabirve signed the Opinion and Order Granting Reconsideration, but he is no longer a member of the Board, and it was necessary to assign another panel member in his place. , rated under the old rating schedule and the heart injury under the new rating schedule. Defendant also requests that the WCAB take judicial notice of the prior awards. Applicant filed an answer. Applicant sustained multiple prior orthopedic injuries while working as a Police Offi
