Case No. ADJ1839782 (GOL 0101821) ADJ2471155 (GOL 0101822) ADJ3556721 (GOL 0101823)RegularSep 27, 2012
JEANETTE ZINKE vs. MENTOR CORPORATION, EMPLOYERS COMPENSATION
The Workers' Compensation Appeals Board denied reconsideration of an order denying an applicant more than 104 weeks of temporary disability benefits. The applicant argued that the defendant delayed necessary treatment, justifying an extension of benefits, but failed to provide specific evidence to support claims of tolling or estoppel. Furthermore, the applicant's contention that the defendant should be sanctioned for delaying treatment was denied because it was not raised at trial. The Board affirmed the administrative law judge's report, finding no legal basis to extend the statutory limit on temporary disability.
WCABReconsiderationTemporary Disability104 weeksLabor Code § 4656(c)(1)EstoppelTollingSanctionsLabor Code § 5813AME
References
5