In Vargas v. Atascadero State Hospital (2006) 71 Cal.Comp.Cases 500, the WCAB en banc held that: "(1) The new apportionment provisions of SB 899 apply to the issue increased permanent disability alleged in any petition to reopen (see sections 5803, 5804, 5410) that was pending at the time of the legislative enactment on April 19, 2004, regardless of the date of injury; (2) Consistent with Section 47 of SB 899, the new apportionment statutes cannot be used to revisit or recalculate the level of permanent disability, or the presence or absence of apportionment, determined under a final order, decision, or award issued before April 19, 2004; (3) In applying the new apportionment provisions to the issue of increased permanent disability, the issue must be determined without reference to how, or if, apportionment was determined in the original award." (Vargas, supra, 71 Cal.Comp.Cases at p. 502.)