CompFox AI Summary
In this workers' compensation case, the applicant, a physician, claimed temporary total disability (TTD) for a period during which the employer provided long-term disability (LTD) payments. The Workers' Compensation Appeals Board granted reconsideration, amending the original award. The Board found that while the employer is entitled to credit for LTD payments, the TTD indemnity due to the applicant must be calculated at the rate provided by Labor Code section 4661.5, which uses the rate in effect on the date of payment, not the rate at the time of injury. This decision ensures the applicant receives TTD at the statutorily current rate for the retroactive period.
Full Decision Text1 Pages
In this workers' compensation case, the applicant, a physician, claimed temporary total disability (TTD) for a period during which the employer provided long-term disability (LTD) payments. The Workers' Compensation Appeals Board granted reconsideration, amending the original award. The Board found that while the employer is entitled to credit for LTD payments, the TTD indemnity due to the applicant must be calculated at the rate provided by Labor Code section 4661.5, which uses the rate in effect on the date of payment, not the rate at the time of injury. This decision ensures the applicant receives TTD at the statutorily current rate for the retroactive period.
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