Home/Case Law/DAN HUNT vs. LEMKE CONSTRUCTION, INC, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

DAN HUNT vs. LEMKE CONSTRUCTION, INC, STATE COMPENSATION INSURANCE FUND

Filed: Nov 17, 2006
OAK 0312539

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an earlier decision regarding an applicant's temporary disability indemnity. The WCAB affirmed the 104-week limit for temporary disability but clarified that this period begins from the date of the first payment, not the date of injury, per Labor Code section 4656(c)(1). The WCAB also noted it lacks jurisdiction to rule on the constitutionality of the statute and adopted the administrative law judge's reasoning on this point.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an earlier decision regarding an applicant's temporary disability indemnity. The WCAB affirmed the 104-week limit for temporary disability but clarified that this period begins from the date of the first payment, not the date of injury, per Labor Code section 4656(c)(1). The WCAB also noted it lacks jurisdiction to rule on the constitutionality of the statute and adopted the administrative law judge's reasoning on this point.

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