CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a prior award finding Martha Slocum sustained an industrial injury but was not entitled to temporary disability. The Board found substantial medical evidence supported Slocum's temporary disability, citing QME opinions indicating her need for surgery and temporary incapacity. They reversed the judge's decision, holding that the employer, not the applicant, bears the burden of proving the availability of suitable modified work. Consequently, Slocum was awarded temporary disability indemnity for her seasonal employment period, subject to EDD reimbursement and statutory limitations.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award finding Martha Slocum sustained an industrial injury but was not entitled to temporary disability. The Board found substantial medical evidence supported Slocum's temporary disability, citing QME opinions indicating her need for surgery and temporary incapacity. They reversed the judge's decision, holding that the employer, not the applicant, bears the burden of proving the availability of suitable modified work. Consequently, Slocum was awarded temporary disability indemnity for her seasonal employment period, subject to EDD reimbursement and statutory limitations.
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