CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding industrial knee injury and temporary total disability for Harry Thompson. The WCAB rescinded the original decision because the trial judge failed to determine the date temporary disability indemnity was first paid, which is crucial for calculating the 104-week limit under Labor Code section 4656(c)(1). The case is remanded for the judge to make this finding, applying the precedent that the two-year limit begins from the date of first payment, not the date of injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) reconsidered a prior award finding industrial knee injury and temporary total disability for Harry Thompson. The WCAB rescinded the original decision because the trial judge failed to determine the date temporary disability indemnity was first paid, which is crucial for calculating the 104-week limit under Labor Code section 4656(c)(1). The case is remanded for the judge to make this finding, applying the precedent that the two-year limit begins from the date of first payment, not the date of injury.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.