Home/Case Law/Valentine Ushakoff vs. MONTEREY GOURMET FOODS, SENTRY CLAIMS COMPANY, SENTRY CLAIMS SERVICE
Regular DecisionReconsideration

Valentine Ushakoff vs. MONTEREY GOURMET FOODS, SENTRY CLAIMS COMPANY, SENTRY CLAIMS SERVICE

Filed: Nov 06, 2007
SAL 0116965

CompFox AI Summary

The applicant sought reconsideration, arguing a total disk replacement constituted an amputation and thus entitled them to extended temporary disability benefits beyond the 104-week limit. The Appeals Board affirmed the WCJ's finding that the surgery was not an amputation under Labor Code section 4656(c)(2)(C), as it involved internal body parts. The Board deferred issues regarding credit for overpayment of temporary disability and an EDD lien for further determination.

Full Decision Text1 Pages

The applicant sought reconsideration, arguing a total disk replacement constituted an amputation and thus entitled them to extended temporary disability benefits beyond the 104-week limit. The Appeals Board affirmed the WCJ's finding that the surgery was not an amputation under Labor Code section 4656(c)(2)(C), as it involved internal body parts. The Board deferred issues regarding credit for overpayment of temporary disability and an EDD lien for further determination.

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