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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1517004 (SFO 0507766) ADJ2067388 (SFO 0503520)
Regular
Dec 01, 2009

DEIDRA EVANS vs. ANTAMEX AND ZURICH NORTH AMERICA

The WCAB denied defendant's petition for reconsideration of a decision awarding applicant temporary disability indemnity for two separate injuries. The board clarified that the 104-week limitation on payments applies separately to each injury, with credit given for overlapping periods.

Workers' Compensation Appeals BoardDeidra EvansAntamexZurich North AmericaADJ1517004ADJ2067388Petition for ReconsiderationFindings Award and OrderWorkers' Compensation Judgeindustrial injury
References
Case No. POM 240908, LAO 712097
En Banc

Juan A. Rivera, Calvin Crump vs. Tower Staffing Solutions, State Compensation Insurance Fund, Los Angeles Unified School District, Helmsman Management Service

The Workers' Compensation Appeals Board holds that the 10 percent penalty for late payment under Labor Code section 4650(d) applies only to periodic indemnity payments and not to the lump sum proceeds of commutations or Compromise and Release (C&R) agreements.

En Banc DecisionLabor Code § 4650(d)CommutationCompromise and Release (C&R)Periodic Indemnity PaymentsLump SumDeath BenefitsVocational Rehabilitation Maintenance Allowance (VRMA)PenaltiesLabor Code § 5814
References
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
Case No. GOL 99843
Regular
Oct 03, 2007

KATHLEEN STARTZMAN vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the judge's decision, ruling that Labor Code Section 4656(c)(1) limits temporary disability payments to 104 weeks within a two-year period from the initial payment date for a single injury. The WCAB found the employer had met this obligation by paying the maximum compensable weeks allowed, even with prior interruptions and retroactive payments. Consequently, there was no basis for additional temporary disability payments or the imposed penalty for unreasonable delay.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year limitationcommencement of temporary disability paymentintermittent paymentsHawkins v. Amberwood Productspetition to terminate liabilityLabor Code section 5814.1penalty
References
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
Case No. SAC 0336811
Regular
Aug 31, 2007

Robert McGraw vs. BC STOCKING DISTRIBUTING, INC., STATE COMPENSATION INSURANCE FUND

This case clarifies that the two-year limit for temporary disability payments under Labor Code section 4656(c)(1) begins on the date benefits are *first paid*, not when they are first owed. The Appeals Board found that the applicant was entitled to benefits up to 104 weeks within the two years following the initial payment date of May 19, 2004. The Board also affirmed that it lacks jurisdiction to rule on the constitutionality of statutory provisions.

Labor Code section 4656(c)(1)temporary disability indemnitycompensable weeksperiod of two yearsdate of commencement of temporary disability paymentdate of first paymentindustrial injuryheadneckback
References
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
Case No. OAK 0311431
Regular
Nov 30, 2007

JESUS GUERRERO vs. HERTZ HEAVY EQUIPMENT RENTAL, SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration and rescinded an award of temporary disability indemnity beyond two years from the initial payment. The Board held that Labor Code section 4656(c)(1) strictly limits temporary disability payments to 104 weeks within a two-year period from the commencement of such payments. Therefore, the applicant's claim for benefits commencing in 2007 was barred, as the two-year window from his 2004 injury had already expired.

Labor Code section 4656(c)(1)temporary disability indemnity104 compensable weekstwo-year periodcommencement of temporary disability paymentPetition for ReconsiderationFindings of Fact and Awardrescindstipulatedindustrial injury
References
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