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The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in Cruz, which clarified that amputation refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with Cruz.
AMALIA DIAZ vs. MCDONALDS/GAVINO MANAGEMENT CORPORATION, UNITED STATES FIDELITY & GUARANTEE COMPANY, LWP CLAIMS SOLUTIONS, INC. is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The applicant sustained an industrial knee injury and was awarded continuing temporary disability (TDI) based on an amputation exception. Defendant sought reconsideration, arguing knee surgery is not an amputation under Labor Code section 4656(c)(2)(C). The Appeals Board granted reconsideration to apply the recent en banc decision in Cruz, which clarified that "amputation" refers to severance of external body parts. The prior award was rescinded and the matter remanded for a new decision consistent with Cruz.
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