CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's award finding the applicant sustained industrial injury to his knees and was entitled to temporary disability. The defendant argued that temporary disability should not be awarded as the applicant's surgery recommendation was from an agreed medical evaluator and not yet authorized by the primary treating physician. The Board affirmed the award, clarifying that average weekly earnings are calculated at the time of injury, not commencement of disability, and excluded an untimely disclosed unemployment decision from evidence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's award finding the applicant sustained industrial injury to his knees and was entitled to temporary disability. The defendant argued that temporary disability should not be awarded as the applicant's surgery recommendation was from an agreed medical evaluator and not yet authorized by the primary treating physician. The Board affirmed the award, clarifying that average weekly earnings are calculated at the time of injury, not commencement of disability, and excluded an untimely disclosed unemployment decision from evidence.
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