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

Case No. MON 0333042 MON 0333043
Regular
May 01, 2008

JOSE LUIS CASTANEDA vs. SAMY'S CAMERA, INC., ZENITH INSURANCE COMPANY

This case concerns applicant Jose Luis Castaneda's claim for temporary disability benefits following two work-related injuries from Samy's Camera, Inc. The Appeals Board affirmed a prior award limiting temporary disability to two years from commencement, finding that concurrent injuries result in a concurrent application of the two-year cap under Labor Code section 4656(c)(1). This decision aligns with the appellate court's ruling in *Foster v. Workers' Comp. Appeals Bd.*, which held that the 104-week/2-year limitation runs concurrently when independent injuries cause simultaneous temporary disability.

Labor Code section 4656temporary disability indemnitypetition for reconsiderationtwo-year capFoster v. Workers' Comp. Appeals Bd.aggregate disability paymentsconcurrent periodsspecific injurycumulative injuryWCJ
References
1
Case No. ADJ7005764
Regular
Mar 07, 2011

RAMIRO GAMBOA MORENO vs. AMERICAN SUNROOF CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a defendant's petition to terminate temporary disability indemnity payments based on Labor Code §4656(c)(2)'s 104-week limit from the date of injury. The Appeals Board granted reconsideration, reversing the WCJ's prior denial and allowing termination. The Board found that the defendant's reimbursement of EDD disability benefits, plus payment of the differential, constituted payment towards the 104-week limit under §4656(c)(2), which applies to injuries after January 1, 2008, without regard to the commencement of payments.

Labor Code §4656(c)(2)Temporary Disability IndemnityCumulative TraumaEDD Reimbursement104 Compensable WeeksDate of InjuryDate of CommencementReconsiderationPetition to TerminateHawkins v. Amberwood Products
References
1
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. ADJ10177344
Regular
May 16, 2016

DARRELL WOODS vs. NORTH COUNTY FIRE PROTECTION DISTRICT

Applicant Darrell Woods sought reconsideration of a WCJ's decision denying additional temporary disability indemnity beyond five years from his January 4, 2011 industrial injury. The WCJ correctly found that Labor Code section 4656(c)(2) limits temporary disability payments to 104 weeks within a five-year period from the date of injury. Unlike precedent cited by the applicant, no stipulation was made within the five-year window to continue discovery on temporary disability entitlement. Therefore, the Appeals Board denied the petition for reconsideration, affirming the WCJ's decision.

Labor Code section 4656(c)(2)temporary disability indemnitydate of injuryfive year limitationpetition for reconsiderationindustrial injuryheart injuryhypertensionparamedic/engineersalary continuation
References
4
Case No. ADJ7811907
Regular
Jul 10, 2017

KYLE PIKE vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for reconsideration, affirming an award of temporary disability and salary continuation benefits to Kyle Pike. Despite the benefits extending beyond five years from the injury date, the Board found applicant's temporary disability commenced within that period and was limited to 104 weeks. This decision aligns with a judicial interpretation that allows such awards when a timely petition to reopen is filed and benefits begin within the statutory five-year window. The dissenting opinion argued that Labor Code section 4656(c)(2) strictly prohibits temporary disability payments beyond five years from the injury date for injuries after January 1, 2008.

Labor Code section 4850temporary disability benefitsPetition to ReopenLabor Code section 4656(c)(2)five-year limitation104 weeksDeputy Sheriff Detentiondate of injurycontinuing jurisdictionnew and further disability
References
10
Case No. ADJ6659926 ADJ6659223
Regular
Jan 06, 2012

MICHELLE JIMENEZ vs. DENCO SALES COMPANY, ACE PROPERTY AND CASUALTY COMPANY, ARGONAUT INSURANCE COMPANY

This case concerns applicant Michelle Jimenez's claim for additional temporary disability benefits for lumbar spine injuries sustained from a specific injury in July 2007 and a cumulative trauma injury ending in July 2008. The Appeals Board found that while the 2007 injury's temporary disability indemnity limit under Labor Code section 4656(c)(1) expired in August 2009, the applicant is entitled to remaining temporary disability under section 4656(c)(2) for the 2008 cumulative trauma injury. Because the applicant had only received 69 weeks of temporary disability for the cumulative trauma injury and is entitled to 104 weeks within five years of the injury date, she is awarded an additional 35 weeks of temporary disability indemnity prior to July 17, 2013.

Labor Code section 4656temporary disability indemnityaggregate disability paymentscompensable weeksperiod of two yearsperiod of five yearsdate of commencementdate of injurycumulative trauma injuryspecific injury
References
4
Case No. OAK 0335075
Regular
Jan 14, 2008

DAVID ALBINI vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition and granted the defendant's petition for reconsideration. The WCAB rescinded the original award finding the applicant entitled to up to 104 weeks of temporary disability (TD) beyond two years of the first payment. The WCAB clarified that TD benefits are limited to 104 compensable weeks within two years from the *actual date* of the first TD payment, not when it was first owed.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Total Disability (TTD)Temporary Disability Indemnity (TDI)Labor Code Section 4656aggregate disability paymentscompensable weeksdate of commencement of temporary disability paymentSB 899WCJ
References
3
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. 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. STK 195467
Regular
Aug 13, 2007

Jason Becht vs. Manpower, Inc. / Bunge North America, ACE American Insurance, Cambridge Integrated Services

This case concerns whether an applicant is entitled to further temporary disability indemnity payments after exhausting the 104-week limit within two years under Labor Code § 4656(c)(1). The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings, requiring a determination of the actual date temporary disability payments first commenced. The Board ruled that weeks worked do not extend the two-year limit and that it lacks jurisdiction to address constitutional challenges to the statute.

Workers' Compensation Appeals BoardTemporary Disability IndemnityLabor Code Section 4656(c)(1)Compensable Weeks LimitDate of CommencementEstoppelMedical Treatment DelayUnconstitutional StatuteJurisdictionEn Banc Decision
References
5
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