CompFox AI Summary
This case involves applicant Jack Eichhorn's petition for reconsideration regarding temporary disability benefits. The defendant argued that Eichhorn had exhausted his temporary disability due to overlapping injuries from 2009 and 2010, citing the case of Foster v. WCAB. The Administrative Law Judge recommended denying reconsideration, finding that while Eichhorn's 2009 knee injury was not permanent and stationary when he returned to work, there was no evidence of medical restrictions preventing him from performing his duties. Therefore, the applicant was entitled to any remaining temporary disability from the 2009 injury after the 2010 injury benefits were exhausted, with the defendant receiving credit for overlapping periods.
Full Decision Text1 Pages
This case involves applicant Jack Eichhorn's petition for reconsideration regarding temporary disability benefits. The defendant argued that Eichhorn had exhausted his temporary disability due to overlapping injuries from 2009 and 2010, citing the case of Foster v. WCAB. The Administrative Law Judge recommended denying reconsideration, finding that while Eichhorn's 2009 knee injury was not permanent and stationary when he returned to work, there was no evidence of medical restrictions preventing him from performing his duties. Therefore, the applicant was entitled to any remaining temporary disability from the 2009 injury after the 2010 injury benefits were exhausted, with the defendant receiving credit for overlapping periods.
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