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

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. ADJ4250207
Regular
Sep 14, 2022

MAHEALANI MAHEALANI vs. CITY OF SAN JOSE, INTERCARE

This case involves an applicant seeking workers' compensation benefits from the City of San Jose. The applicant and the defendant both petitioned for reconsideration of the initial findings and award regarding temporary and permanent disability indemnity and attorney's fees. The Appeals Board granted reconsideration to address these issues. The Board affirmed the attorney's fees award but amended the findings to credit the defendant for previously paid temporary and permanent disability indemnity payments. Additionally, the Board clarified that permanent disability payments commence the day after the last temporary disability payment.

ADJ4250207ADJ6554121ADJ171328ADJ2689808temporary disability indemnitypermanent disability indemnityattorney's feescompanion casescreditreconsideration
References
3
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. 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. 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. ADJ5010233
Regular
Sep 20, 2010

RICHARD MARQUEZ vs. O'BRYANT ELECTRICAL, INDEMNITY INSURANCE CO OF NORTH AMERICA

The Appeals Board granted reconsideration to clarify the issue of credit for time worked on temporary disability indemnity. While denying removal, the Board affirmed the original award of temporary disability through June 26, 2008, deferring the credit calculation. The Board adopted the Arbitrator's reasoning, except for the recommendation to grant removal. The matter is returned for further proceedings to clarify the credit issue, with temporary disability payments to continue unaffected by this deferral.

Workers' Compensation Appeals BoardRemovalReconsiderationFindings Award and OrderArbitratorStipulationsIndustrial InjuryRight KneeTemporary DisabilityPermanent Disability
References
0
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. GOL 98805
Regular
Aug 14, 2007

ILDELISA VARGAS vs. NATURE'S WEST, HORTICA INSURANCE COMPANY

This case involves a dispute over the duration of temporary disability indemnity payments. The Appeals Board granted reconsideration to address the defendant's contention that the claimant was improperly awarded temporary disability payments beyond the two-year statutory limit. The Board rescinded the prior award and remanded the case to determine the initial date of temporary disability payments, clarifying that the two-year/104-week limit begins from the defendant's first payment, not subsequent intermittent ones.

WCABReconsiderationTemporary Disability104 weekstwo-year limitLabor Code § 4656(c)(1)Hawkins v. Amberwood ProductsHamilton v. Lockheed Corp.WCAB Rule 10566(c)commencement of temporary disability payment
References
2
Case No. SAC 345456
Regular
Jun 05, 2008

CONNIE SOTOLONGO vs. STATE OF CALIFORNIA / EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

This case clarifies that Labor Code section 4656(c)(1) imposes an aggregate 104-week limit on temporary disability indemnity payments within a two-year period for any single injury. The Workers' Compensation Appeals Board held that this limit applies to both temporary total and temporary partial disability payments, regardless of the specific type of temporary disability. This interpretation aligns with the statutory language and the Legislature's intent to create a broad, time-based cap on temporary disability benefits.

Labor Code section 4656(c)(1)temporary total disabilitytemporary partial disabilityaggregate limitcompensable weekstwo-year periodIndustrial Disability LeaveSB 899legislative intentstatutory construction
References
10
Case No. ADJ4213538 (SAC 292021)
Regular
Jun 19, 2009

MARGARET PERRIGO vs. NORTHERN CALIFORNIA ANGLER PUBLICATION, ARGONAUT INSURANCE COMPANY

This case concerns a dispute over the attorney's fee awarded to applicant's counsel. The initial award granted 15% of temporary disability indemnity and 12% of permanent disability indemnity. The lien claimant sought reconsideration, arguing for 15% of permanent disability indemnity. Following further reflection, the trial judge recommended granting reconsideration and remanding the attorney's fee issue for further proceedings. The Appeals Board granted reconsideration, affirmed the award regarding temporary disability, but deferred the issue of attorney's fees on permanent disability, reserving jurisdiction. Defendants are ordered to withhold 15% of permanent disability indemnity payments until the fee issue is resolved.

PerrigoNorthern California Angler PublicationArgonaut Insurance CompanyADJ4213538SAC 292021Opinion and Order Granting ReconsiderationDecision After ReconsiderationFarrell Fraulob and BrownWCJFindings and Award
References
0
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