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

Case No. SDO 0327959
Regular
Aug 03, 2007

IRMA MENDEZ vs. SUNRISE SENIOR LIVING, AMERICAN HOME ASSURANCE

This Workers' Compensation Appeals Board case clarifies the commencement date for temporary disability payments under Labor Code section 4656(c)(1). The Board amended a prior order, ruling that the commencement date is the date the first payment is actually issued, not the date the disability is first owed. Consequently, the employer's liability for temporary disability is limited to 104 weeks within two years from the actual payment date of June 2, 2005.

Workers' Compensation Appeals BoardTemporary disability indemnityLabor Code section 4656(c)(1)Date of commencementFindings and OrderPetition for reconsiderationExpedited hearingApplication for Adjudication of ClaimStipulationCompensable weeks
References
1
Case No. SAC 349462
Regular
Mar 11, 2008

QAHER MOKDADI vs. HENDRICK AUTOMOTIVE, FEDERAL INSURANCE COMPANY

In this workers' compensation case, the Appeals Board clarified the commencement date for temporary disability payments under Labor Code section 4656(c)(1). Applying its en banc decision in *Hawkins v. Amberwood Products*, the Board held that the two-year period for temporary disability payments begins on the date indemnity is *first paid* to the worker, not when it is first owed or when unemployment benefits are reimbursed. Therefore, the commencement date was established as November 9, 2006, the date the applicant received his first temporary disability indemnity check.

Workers' Compensation Appeals BoardHendrick AutomotiveFederal Insurance CompanyQAHER MOKDADIauto service technicianleft shoulder and spine injuryEmployment Development Department (EDD)temporary disability indemnityLabor Code section 4656(c)(1)date of commencement
References
2
Case No. SDO 0328208
Regular
Mar 17, 2008

ARMANDO ADAME vs. AUTOMOTIVE ENGINEERED PRODUCTS, INC. (dba JBA HEADERS), ZENITH INSURANCE COMPANY

The Appeals Board clarified that for Labor Code section 4656(c)(1) purposes, the commencement of temporary disability payments is the date the employer first mails a temporary disability indemnity check, not when EDD benefits begin. Furthermore, EDD benefits, even if reimbursed by the employer, do not count towards the 104-week cap on temporary disability payments. Consequently, the employer's liability for further temporary disability payments extends from the date of the first actual indemnity payment until October 6, 2007.

Workers Compensation Appeals BoardArmando AdameAutomotive Engineered ProductsZenith Insurance CompanyLabor Code section 4656(c)(1)Temporary Total DisabilityTemporary Disability IndemnityEmployment Development DepartmentUnemployment Compensation DisabilityHawkins v. Amberwood Products
References
2
Case No. ADJ4541361 (AHM 0136152)
Regular
Nov 24, 2010

CHRIS FAIRFIELD vs. GUITAR CENTER, ZURICH

This case concerns the commencement date for calculating temporary disability indemnity limits under Labor Code section 4656(c)(1). The Appeals Board reversed a prior award, holding that the two-year limit for temporary disability payments began on March 5, 2006, when the applicant first received such payments. This decision was based on a stipulation that confirmed this initial payment, overriding the WCJ's calculation based on a later date. Consequently, the applicant's entitlement to temporary total disability indemnity for the period of April 18, 2008, to April 23, 2009, was denied.

Workers' Compensation Appeals BoardReconsiderationTemporary Total Disability (TTD)Labor Code Section 4656Commencement of Temporary DisabilityAggregate Disability PaymentsTwo-Year LimitationStipulationFindings Award and Order (F&A)Agreed Medical Evaluation (AME)
References
7
Case No. ADJ4254212 (SAC 0369491) ADJ3966016 (SAC 0369493)
Regular
Jul 19, 2010

Salem Najjar vs. MEEKS BUILDING CENTER, ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration, finding that a payment for attending a medical-legal examination under Labor Code section 4600(e)(1) does not trigger the 104-week limit on temporary disability indemnity under Labor Code section 4656(c)(1). The Board clarified that such payments are for wage loss reimbursement, not a commencement of actual temporary disability, distinguishing it from prior cases where other benefit types functionally served as temporary disability. The case was remanded to determine the actual date temporary disability payments began to establish the correct duration of benefits. Applicant's claim for temporary disability from March 17, 2009, and continuing will be re-evaluated.

Labor Code section 4656(c)(1)temporary disability indemnity104 week limitationmedical examinationQualified Medical Evaluation (QME)wage lossreconsiderationWCJLabor Code section 4600(e)(1)aggregate disability payments
References
5
Case No. MON 0325729 MON 0325730
Regular
Jun 02, 2008

JORGE CORONA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior award of temporary disability benefits. Defendant argued that Labor Code section 4656 prohibited the award, as more than two years had passed since temporary disability commenced. The Board found the record insufficient to determine when temporary disability payments actually began, rescinded the award, and returned the case for further proceedings to establish the commencement date of indemnity payments.

ReconsiderationTemporary DisabilityLabor Code section 4656Findings and AwardStipulated AwardNew and Further DisabilityCompensable WeeksDate of Commencement of Temporary Disability PaymentHawkins v. Amberwood ProductsBenefit Printout
References
1
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
2
Case No. SAC 0347026
Regular
Aug 07, 2007

JOHN LINGBAOAN vs. STATE OF CALIFORNIA, CDCR SACRAMENTO STATE PRISION, Legally Uninsured

The Appeals Board granted reconsideration, clarifying that the 104-week temporary disability limit under Labor Code § 4656(c)(1) begins from the date temporary disability payments were *first paid*, not when they were owed or ordered. This decision aligns with the *Hawkins* en banc ruling, emphasizing the statutory language regarding commencement of payments. Jurisdiction is reserved for disputes over the exact initial payment date.

WCABReconsiderationTemporary DisabilityTerminationCumulative InjuryCorrectional OfficerHawkinsLabor Code 4656Industrial Disability LeaveIDL
References
1
Case No. ADJ2608381 (VNO 0557652)
Regular
Mar 15, 2010

LINDA HARRIS-BOYD vs. NORTHWEST AIRLINES, INC., LIBERTY MUTUAL INSURANCE COMPANY

This case concerns the application of Labor Code section 4656(c)(1), which limits temporary disability indemnity to 104 weeks within a two-year period. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award because the administrative law judge (ALJ) incorrectly concluded that out-of-state compensation payments did not trigger the two-year limit. The WCAB clarified that section 4656(c)(1) applies to all temporary disability, regardless of whether it's total or partial, and includes payments made under foreign jurisdictions. The case was remanded for further proceedings to determine the commencement date of temporary disability payments and calculate any additional indemnity due.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year periodMichigan lawaggregate disability paymentstemporary partial disabilitytemporary total disabilitySB 899Industrial Disability Leave
References
10
Case No. ADJ4058005 (MON0342293)
Regular
May 13, 2013

ROSA LOPEZ vs. SODEXHO, INSURANCE COMPANY OF PENNSYLVANIA

The Workers' Compensation Appeals Board denied the applicant's request for 100% permanent disability, upholding the prior award of 72%. Defendant's petition was granted to amend the award to grant credit for permanent disability advances and correct the temporary disability rate calculation. The Board also amended the award to apply the Labor Code section 4656(c)(1) limitations on temporary total disability payments, which a dissenting commissioner argued was improper due to a lack of evidence regarding payment commencement dates. The parties are to adjust the temporary disability amount or submit disputes for further determination.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings & AwardStipulationIndustrial InjuryPermanent DisabilityTemporary Total DisabilityLabor Code Section 4656(c)(1)Temporary Disability IndemnityCredit for Advances
References
6
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