CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, finding that the defendant was not estopped from asserting the 104-week limitation on temporary disability indemnity under Labor Code section 4656(c)(1). The Board concluded that the essential elements of equitable estoppel were not met, as there was no evidence that the defendant's actions led the applicant to rely on them to his detriment and no proof that delays in medical authorization caused additional temporary disability. Therefore, the applicant is not entitled to temporary disability payments beyond the statutory 104-week limit.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, finding that the defendant was not estopped from asserting the 104-week limitation on temporary disability indemnity under Labor Code section 4656(c)(1). The Board concluded that the essential elements of equitable estoppel were not met, as there was no evidence that the defendant's actions led the applicant to rely on them to his detriment and no proof that delays in medical authorization caused additional temporary disability. Therefore, the applicant is not entitled to temporary disability payments beyond the statutory 104-week limit.
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