Home/Case Law/JULIE RAMIREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PAROLE COMMUNITY SERVICES, Legally Uninsured, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JULIE RAMIREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PAROLE COMMUNITY SERVICES, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

Filed: Sep 24, 2007
LAO 0850067

CompFox AI Summary

The Appeals Board granted reconsideration and reversed a prior WCJ finding, ruling that total knee replacement surgery does not constitute an "amputation" for the purpose of extending temporary disability indemnity beyond the 104-week statutory limit. The Board clarified that "amputation" under Labor Code section 4656(c)(2)(C) applies only to the severance or removal of external limbs or appendages, not internal body parts. Therefore, the applicant's claim for additional temporary disability indemnity was denied.

Full Decision Text1 Pages

The Appeals Board granted reconsideration and reversed a prior WCJ finding, ruling that total knee replacement surgery does not constitute an "amputation" for the purpose of extending temporary disability indemnity beyond the 104-week statutory limit. The Board clarified that "amputation" under Labor Code section 4656(c)(2)(C) applies only to the severance or removal of external limbs or appendages, not internal body parts. Therefore, the applicant's claim for additional temporary disability indemnity was denied.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.