CompFox AI Summary
The Appeals Board granted reconsideration, finding that a payment for attending a medical-legal examination under Labor Code section 4600(e)(1) does not trigger the 104-week limit on temporary disability indemnity under Labor Code section 4656(c)(1). The Board clarified that such payments are for wage loss reimbursement, not a commencement of actual temporary disability, distinguishing it from prior cases where other benefit types functionally served as temporary disability. The case was remanded to determine the actual date temporary disability payments began to establish the correct duration of benefits. Applicant's claim for temporary disability from March 17, 2009, and continuing will be re-evaluated.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, finding that a payment for attending a medical-legal examination under Labor Code section 4600(e)(1) does not trigger the 104-week limit on temporary disability indemnity under Labor Code section 4656(c)(1). The Board clarified that such payments are for wage loss reimbursement, not a commencement of actual temporary disability, distinguishing it from prior cases where other benefit types functionally served as temporary disability. The case was remanded to determine the actual date temporary disability payments began to establish the correct duration of benefits. Applicant's claim for temporary disability from March 17, 2009, and continuing will be re-evaluated.
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