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

Case No. MISSING
Regular Panel Decision

Claim of Salvet v. Union Carbide Linde Division

Claimant sustained two compensable injuries, leading to a permanent partial disability classification in 1983 with a nonschedule award of $95 per week. Subsequently, in 1984, the claimant was diagnosed with a 24.2% occupational binaural hearing loss, resulting in a schedule award of $105 per week for 36.3 weeks. The Workers' Compensation Board, following an application by the carrier, reduced this schedule award to $10 per week. This reduction was based on Workers' Compensation Law § 15 (6) (a), which sets a maximum of $105 per week for compensation for permanent or temporary partial disability, indicating that the aggregate of both awards should not exceed this statutory limit. The appellate court affirmed the Board's decision, ruling that the statutory maximum applies to the total of all permanent partial disability awards, irrespective of whether they are schedule or nonschedule awards.

Workers' Compensation LawPermanent Partial DisabilityOccupational Hearing LossSchedule AwardNonschedule AwardStatutory MaximumAggregate AwardsWorkers' Compensation Board AppealStatutory InterpretationConcurrent Awards
References
6
Case No. ADJ1379080 (VNO 0509816)
Regular
Jun 25, 2014

SUSAN STOCKTON vs. SPIRENT COMMUNICATIONS, AMERICAN HOME ASSURANCE, AIG CLAIM SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, returning the case to the trial level for further proceedings. The defendant argued the temporary disability award violated the 104-week limit and that the judge mischaracterized a medical examiner. The EDD sought reimbursement for overlapping benefits paid to the applicant. The Board agreed that the 104-week limitation applies and that the EDD's lien needs further review to determine any overlapping benefit payments.

Workers' Compensation Appeals Boardcumulative traumapermanent disabilitytemporary disabilityLabor Code section 4656104 week limitationAgreed Medical Examiner (AME)Qualified Medical Evaluator (QME)Employment Development Department (EDD)lien
References
1
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
2
Case No. ADJ7275879
Regular
Jun 03, 2013

BRYAN KNITTEL vs. COUNTY OF ALAMEDA

This case clarifies that salary continuation benefits paid to injured public safety officers under Labor Code section 4850 are counted towards the 104-week maximum payment limit for temporary disability under Labor Code section 4656. The Court of Appeal directed the Workers' Compensation Appeals Board to rescind its prior ruling. Consequently, the Board issued a new decision holding that these 4850 benefits do indeed apply to the 104-week limitation.

Workers' Compensation Appeals BoardRemittiturSalary Continuation BenefitsPublic Safety Officer104-week limitTemporary DisabilityLabor Code Section 4850Labor Code Section 4656Findings and AwardReconsideration
References
0
Case No. SAC 0344938
Regular
Oct 22, 2007

GAELENE SCOTT vs. RITE AID, TRAVELERS PROPERTY AND CASUALTY COMPANY

The Workers' Compensation Appeals Board rescinded a prior award that denied temporary disability benefits based on Labor Code section 4656(c)(1)'s 104-week limit. The Board found the applicant's argument regarding the constitutionality of the statute could not be addressed, but remanded the case. The matter is returned to the trial level to determine the actual date temporary disability payments first commenced, which is crucial for calculating the 104-week aggregate limit.

Workers' Compensation Appeals BoardRite AidTravelers Property and Casualty Companypetition for reconsiderationtemporary disability indemnityLabor Code section 4656(c)(1)aggregate disability paymentscompensable weeksunconstitutional statuteHawkins v. Amberwood Products
References
2
Case No. STK 0192031
Regular
Aug 10, 2007

JOSE CRUZ vs. TRACY DODGE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reconsidered an award of continuing temporary disability benefits, finding that payments are limited to 104 weeks from the initial payment date under Labor Code section 4656(c)(1). The Board clarified that an injury to multiple body parts from a single incident still constitutes a "single injury" for purposes of this limitation. Jurisdiction was reserved to determine the exact date of the first temporary disability payment to calculate the 104-week period.

Labor Code section 4656(c)(1)Hawkins v. Amberwood Productstemporary disability indemnity104 compensable weeksdate of first paymentsingle injuryspecific injurysection 3208.1(a)temporary total disabilitytemporary partial disability
References
1
Case No. STK 195998
Regular
Aug 07, 2007

DONALD SILVA vs. SCOLARI TILE CO., ZENITH INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision. The WCAB ruled that the 104-week limit for temporary disability indemnity (TDI) under Labor Code section 4656(c)(1) begins on the date TDI is first paid by the employer, not when the employee receives other disability benefits like SDI. This decision establishes that the commencement of SDI payments, even if reimbursed by the employer, does not trigger the start of the 104-week TDI limitation period.

Labor Code section 4656subdivision (c)(1)TDIEDDSDI104 week limitcommencement datetemporary disability indemnityemployer liabilitySB 899
References
2
Case No. ADJ7249556
Regular
Apr 01, 2014

LORETTA CABALLERO vs. WESTERN TRANSIT SYSTEMS, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves a workers' compensation applicant who sustained industrial injury to her right wrist, shoulder, and psyche. The employer sought reconsideration of the award of total temporary disability, arguing it exceeded the statutory 104-week limit under Labor Code section 4656(c)(2). The Appeals Board agreed with the WCJ's recommendation to amend the award to reflect the 104-week limitation. All other findings, including entitlement to medical treatment and temporary disability on a psychiatric basis, were affirmed.

Workers' Compensation Appeals BoardReconsiderationFindings and OrderTemporary Total DisabilityLabor Code section 4656(c)(2)EDD benefitsQualified Medical EvaluatorDeclaration of ReadinessExpedited HearingIndustrial Injury
References
6
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
2
Case No. VNO 0504722
Regular
Feb 13, 2008

FRANCK PETER vs. COUNTY OF LOS ANGELES; TPA: CAMBRIDGE INTEGRATED SERVICES

This case concerns a police officer injured in the line of duty, who sought further temporary disability benefits beyond the 104 weeks already paid. The applicant argued that "Injured on Duty" pay should not count towards the statutory limit, and that an exception for high-velocity eye injuries should apply. The Board denied reconsideration, holding that "Injured on Duty" pay is included within the 104-week limit under Labor Code section 4656, citing precedent, and found no evidence of a high-velocity eye injury.

Workers' Compensation Appeals BoardIndustrial InjuryPolice OfficerTemporary Disability IndemnityInjured on Duty (IOD)Los Angeles Administrative Code Section 4.177Labor Code Section 4656Radesky v. City of Los AngelesHigh-Velocity Eye Injury ExceptionMedical Evidence
References
3
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