CompFox AI Summary
This case involves a dispute over an applicant's entitlement to temporary disability benefits in a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the administrative law judge (ALJ) erred in barring temporary disability benefits without a proper determination of the "date of injury" as defined by Labor Code Section 5412. The WCAB clarified that disability requires an impairment of earning capacity and ordered the matter returned to the trial level for a de novo analysis of the applicant's temporary disability entitlement based on this standard. The defendants' request to overturn findings on certain body parts was not addressed, with permission to raise that issue on remand.
Full Decision Text1 Pages
This case involves a dispute over an applicant's entitlement to temporary disability benefits in a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the administrative law judge (ALJ) erred in barring temporary disability benefits without a proper determination of the "date of injury" as defined by Labor Code Section 5412. The WCAB clarified that disability requires an impairment of earning capacity and ordered the matter returned to the trial level for a de novo analysis of the applicant's temporary disability entitlement based on this standard. The defendants' request to overturn findings on certain body parts was not addressed, with permission to raise that issue on remand.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.