Sierra Sands Unified School District, Permissibly Self-Insured; and Self-Insured Schools of California (Adjusting Agent) Wilma Diggle WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILMA DIGGLE, Applicant,vs.SIERRA SANDS UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; and SELF-INSURED SCHOOLS OFCALIFORNIA (Adjusting Agent), Defendant(s).Case No. BAK 0138299OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Wilma Diggle (applicant) seeks reconsideration of the “Joint Findings and Fact, Award & Order” issued by the workers’ compensation administrative law judge (WCJ) on August 26, 2005.1 In that decision, the WCJ found that, on October 4, 2000, applicant sustained an industrial injury to her spine – but not to her bilateral hands and wrists or to her right knee – while employed as a custodian by Sierra Sands Unified School District (defendant). In relevant part, it was further found that applicant’s injury caused 58% permanent disability, after apportionment, resulting in a permanent disability indemnity award totaling $56,142.50. In her petition, applicant contends, in substance: (1) that, because a petition for writ of review has been filed with respect to the Appeals Board’s en banc decision in Nabors v. Piedmont Lumber & Mill Co. (2005) 70 Cal.Comp.Cases 856 (“Nabors”), the Appeals Board “has the authority and discretion to hear and reconsider its prior position in the Nabors case;” (2) that the Supreme Court’s decision in Fuentes v. Worker’s Comp. Appeals Bd. (1976) 16 Cal.3d 1 [41 Cal.Comp.Cases 42] (“Fuentes”) no longer defines the method of apportioning pre- existing disability because Fuentes was based on an interpretation and application of former 1 Although applicant’s petition captions both Case Nos. BAK 0138298 and BAK 0138299, her petition only raises contentions regarding the latter case. That is, in Case No. BAK 0138298, the WCJ found that she did not sustain a cumulative injury to her spine, bilateral hands a
