CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3722656 (BAK 0145213)
Regular
Jul 24, 2014

WILLIAM CASTO vs. GENE WATSON CONSTRUCTION, COMMERCE & INDUSTRY INSURANCE COMPANY BY CHARTIS

This case concerns an applicant suffering severe burns who sought further temporary disability (TD) indemnity after the initial award expired. The Appeals Board overturned the WCJ's 104-week TD cap, finding the 240-week cap for severe burns applicable, extending TD entitlement to August 6, 2007. The Board also adopted the WCJ's calculation of the third-party credit but clarified its application based on the established total civil damages and defendant's comparative negligence. Consequently, the award was amended to reflect the extended TD period and the 240-week statutory cap.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityPermanent and StationaryLabor Code Section 4656104-week cap240-week capSevere BurnsSubstantial EvidenceMedical Opinion
References
Case No. ADJ8714258
Regular
Apr 30, 2015

NESTOR HERNANDEZ vs. FSP INC. SERVICES, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal and denied reconsideration. The defendant sought to credit payments made to the Employment Development Department against the 104-week temporary disability cap. The Board found the judge's prior clarification of a stipulation was a final order, making reconsideration the proper avenue, not removal. Since reconsideration was denied, the judge's interpretation that payments to EDD do not count against the 104-week cap remains in effect.

Petition for RemovalPetition for ReconsiderationWCJStipulationTemporary Disability Indemnity104-week capLabor Code section 4656(c)(2)EDD reimbursementDeclaration of Readiness to ProceedWCAB
References
Case No. ADJ7935113
Regular
Apr 22, 2014

JOSE CHAVEZ vs. AFFENTRANGER & SONS DAIRY FARMS, INC., STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim where the applicant, Jose Chavez, sustained an industrial injury to his right arm. The defendant sought reconsideration of an award granting temporary disability indemnity, arguing it exceeded the 104-week statutory cap. However, the parties subsequently reached a stipulation resolving this issue, including the 104-week cap and EDD reimbursement. The Appeals Board granted reconsideration and affirmed the original award, amending it to reflect the parties' stipulation regarding the temporary disability duration and EDD credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and AwardCow milkerIndustrial injuryRight armTotal temporary disability indemnity104-week capLabor Code section 4656(c)(2)Employment Development Department
References
Case No. SRO 0132150
Regular
Sep 11, 2007

DAVID BLOOMQUIST vs. SIRI GRADING & PAVING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that temporary disability payments exceeded the statutory 104-week limit. The Board clarified that the applicant's shoulder surgery did not constitute an "amputation" as defined by Labor Code section 4656(c)(2)(C), which is an exception to the limit. Consequently, the case is returned to the trial level to determine the exact date temporary disability payments first commenced, as this is crucial for calculating the applicable 104-week cap.

Petition for ReconsiderationFindings and Awardcumulative traumatemporary disability indemnitydate of commencementLabor Code section 4656(c)amputationtwo-year/104-week capseverancelimb
References
Case No. ADJ7432904
Regular
Sep 24, 2012

NEDA MOTAVAKEL vs. FANTASTIC SAM'S, TOWER SELECT INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, STAR INSURANCE CO., ILLINOIS MIDWEST INSURANCE AGENCY, LLP, ENDURANCE WORKERS' COMPENSATION, SOUTHERN INSURANCE CO., FIRSTCOMP OMAHA

This case involves an appeal by Star and Tower Insurance Companies regarding a workers' compensation award. The primary issue is the applicant's average weekly earnings, specifically the inclusion of tip income, which was not adequately substantiated by documentary evidence. The Appeals Board found the initial decision lacked substantial evidence regarding earnings and rescinded the award. The matter is remanded for further proceedings to properly develop the evidentiary record on earnings and insurance coverage dates before a new decision is issued.

Workers' Compensation Appeals BoardNeda MotavakelFantastic Sam'sTower Select Insurance CompanyStar Insurance CompanyIllinois Midwest Insurance AgencyLLEndurance Workers' CompensationSouthern Insurance CompanyFirstComp Omaha
References
Case No. ADJ4492292
Regular
Mar 29, 2010

WELDON PITTS vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

This case involves a dispute over temporary disability payments for an applicant who sustained a cumulative industrial injury. The applicant contended the WCJ erred by finding payments were made in this case and by incorrectly calculating the 104-week temporary disability cap. The defendant argued against awarding benefits due to an EDD lien and the applicant's voluntary removal from the labor market. The Board granted the applicant's petition, amended the findings to clarify that temporary disability payments were made in a separate case (ADJ6875920), and revised the commencement date for the 104-week cap in this case (ADJ4492292) to the first actual payment.

ADJ4492292ADJ6875920cumulative industrial injuryneckbackbilateral shouldershandsright kneetemporary disabilityreconsideration
References
Case No. SRO 0135735
Regular
Nov 06, 2007

ROBERT ANUSEWICZ vs. JOINT INDUSTRY BOARD OF PLUMBING, dba KONOCTI HARBOR INN AND RESORT, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's entitlement to temporary disability indemnity beyond the standard 104-week limit. The Appeals Board rescinded the prior award, ruling that the applicant's hip and knee replacement surgeries did not constitute "amputations" as defined by Labor Code section 4656(c)(2)(C). Therefore, the applicant is limited to 104 weeks of temporary disability indemnity from the commencement of payments, precluding indemnity beyond January 31, 2007.

Workers' Compensation Appeals BoardRobert AnusewiczJoint Industry Board of PlumbingKonocti Harbor Inn and ResortState Compensation Insurance FundSRO 0135735Opinion and Decision After Reconsiderationtemporary disability indemnityindustrial injuryleft knee
References
Case No. LAO 0848876
Regular
Dec 27, 2007

MARIA MURILLO vs. HI POINT/NORCO RANCH, REPUBLIC INSURANCE by CRAWFORD AND COMPANY

The Workers' Compensation Appeals Board (WCAB) determined that a diskectomy is not an amputation under Labor Code section 4656(c)(2)(C), limiting temporary disability to 104 weeks. The WCAB affirmed the finding that temporary disability should have been paid from October 6, 2006, to November 24, 2006, but reversed the decision to extend benefits beyond the statutory 104-week limit due to a delay in authorizing surgery. Therefore, the applicant is entitled to additional temporary disability indemnity only for the specified period, with the last payment due November 24, 2006.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardMachine operatorIndustrial injuryBilateral shouldersBack injuryTemporary disability indemnityLabor Code section 4656Amputation
References
Case No. OAK 0321831
Regular
Jun 23, 2008

ANTOINETTE TATE-ANDREWS vs. CALTRANS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and remanded the case. The Board held that Industrial Disability Leave (IDL) payments must be counted towards the 104-week cap on temporary disability benefits as established by Labor Code section 4656. This decision aligns with the appellate court's ruling in *Brooks v. Workers' Comp. Appeals Bd.*, which found IDL to be statutorily equivalent to temporary disability.

Industrial Disability LeaveTemporary Disability Indemnity104-week capLabor Code section 4656aggregate disability paymentsSB 899Brooks v. Workers' Comp. Appeals Bd.statutory definitionmutually exclusive benefitsfunctional equivalent
References
Case No. ADJ769732 (SAL 0120813) ADJ4662339 (SAL 0083272) ADJ705266 (SAL 0094125) ADJ2433088 (SAL 0094126)
Regular
Jan 28, 2011

, Applicant, HENRY VEGA, vs. , Defendant(s). DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND,

The Appeals Board rescinded a prior award finding the applicant not yet permanent and stationary and ordered temporary disability indefinitely. This was because the applicant had multiple injuries with different application dates for the 104-week temporary disability cap under Labor Code section 4656(c)(2). The Board returned the case to the trial level to determine which specific injury or injuries caused the applicant's temporary disability. This clarification is necessary to correctly apply the statutory limitations on temporary disability payments.

Workers' Compensation Appeals BoardReconsiderationFindings Award and OrdersTemporary DisabilityMaximum Medical ImprovementLabor Code section 4656(c)(2)104-week capAggregate disability paymentsDate of injuryTrial level
References
Showing 1-10 of 609 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational