CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the administrative law judge's award of temporary disability benefits. The Board found that the applicant's alleged temporary disability did not straddle the five-year anniversary of his industrial injury, which is a jurisdictional requirement for awarding benefits beyond that date. Delays in surgery were attributed to medical opinions and necessary further evaluations, not solely to the defendant, and the applicant was medically cleared to work during the critical period.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the administrative law judge's award of temporary disability benefits. The Board found that the applicant's alleged temporary disability did not straddle the five-year anniversary of his industrial injury, which is a jurisdictional requirement for awarding benefits beyond that date. Delays in surgery were attributed to medical opinions and necessary further evaluations, not solely to the defendant, and the applicant was medically cleared to work during the critical period.
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