CompFox AI Summary
This case involves an applicant seeking reconsideration of a denial of additional temporary disability indemnity (TDI) for two industrial injuries: a right shoulder injury in January 2005 and a back injury on March 21, 2005. The original judge denied further TDI, citing a two-year statutory limit under Labor Code section 4656(c)(1). The applicant contends the TDI for the back injury should not count towards the shoulder injury limit, as the shoulder injury was not yet claimed or accepted when TDI for the back was paid. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further development of the record. This is to determine the precise periods of temporary disability for each injury and the extent of any overlap, which is crucial for applying the TDI limitations.
Full Decision Text1 Pages
This case involves an applicant seeking reconsideration of a denial of additional temporary disability indemnity (TDI) for two industrial injuries: a right shoulder injury in January 2005 and a back injury on March 21, 2005. The original judge denied further TDI, citing a two-year statutory limit under Labor Code section 4656(c)(1). The applicant contends the TDI for the back injury should not count towards the shoulder injury limit, as the shoulder injury was not yet claimed or accepted when TDI for the back was paid. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further development of the record. This is to determine the precise periods of temporary disability for each injury and the extent of any overlap, which is crucial for applying the TDI limitations.
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