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

Case No. ADJ2237816 (VNO 0533019) ADJ4364633 (VNO 0515869)
Regular
Jun 02, 2009

YOUBERT MOREH vs. LEXUS OF WESTMINSTER, CYPRESS INSURANCE COMPANY

This case involves an applicant seeking reconsideration of a denial of additional temporary disability indemnity (TDI) for two industrial injuries: a right shoulder injury in January 2005 and a back injury on March 21, 2005. The original judge denied further TDI, citing a two-year statutory limit under Labor Code section 4656(c)(1). The applicant contends the TDI for the back injury should not count towards the shoulder injury limit, as the shoulder injury was not yet claimed or accepted when TDI for the back was paid. The Appeals Board granted reconsideration, rescinded the prior order, and returned the case for further development of the record. This is to determine the precise periods of temporary disability for each injury and the extent of any overlap, which is crucial for applying the TDI limitations.

Workers' Compensation Appeals BoardTemporary Disability IndemnityLabor Code section 4656Overlapping InjuriesRight Shoulder InjuryBack InjuryAuto MechanicQualified Medical EvaluatorFindings of FactReconsideration
References
6
Case No. ADJ3658479 (MON 0326348) ADJ2546762 (MON 0325529)
Regular
Apr 29, 2009

BRAD M. WEISER vs. LAUREL SHEET METAL, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns an applicant seeking additional temporary disability indemnity (TDI) for a shoulder injury after already receiving two years of TDI for a back injury. The Appeals Board granted reconsideration, reversing the prior award. The Board found that because the periods of temporary disability for the back and shoulder injuries entirely overlapped, the applicant is limited to 104 weeks of TDI pursuant to Labor Code section 4656(c)(1). Therefore, the applicant is not entitled to any additional TDI beyond what has already been paid.

Labor Code section 4656(c)(1)Temporary Disability Indemnity (TDI)specific injurycumulative injuryoverlapping periods104 compensable weeksdate of commencementorthopedic surgeonregular physiciandeposition
References
3
Case No. ADJ2979319 (LAO 0864585)
Regular
Nov 21, 2008

PETRA GARCIA vs. BANKERS WEST FUNDING CORPORATION, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

This case concerns an applicant's entitlement to temporary disability indemnity (TDI) following a right upper extremity injury. The defendant sought reconsideration of an award, arguing TDI should cease earlier based on a QME's opinion and statutory limits. The Appeals Board granted reconsideration, amending the award to find TDI payable from January 3, 2006, through September 2, 2008, and continuing, while establishing the "date of commencement" for the two-year TDI limit as July 1, 2008, the date of first payment. The Board found the treating physician's opinion more persuasive than the QME's regarding the duration of temporary disability.

Workers' Compensation Appeals BoardPetra GarciaBankers West Funding CorporationNational Liability and Fire Insurance CompanyADJ2979319ReconsiderationTemporary Total DisabilityLabor Code section 4656(c)(1)Panel Qualified Medical Evaluator (QME)Ernest Washington M.D.
References
5
Case No. SJO 0254875
Regular
Jun 03, 2008

KIMBERLEY A. TURNER vs. BLOSSOM RIDGE MEDICAL GROUP, PREFERRED EMPLOYERS INSURANCE GROUP

This case involves an employer's petition for reconsideration of an award of additional temporary disability benefits (TDI) for an applicant's low back injury. The Appeals Board granted reconsideration to modify the award, requiring withholding of funds to satisfy a potential Employment Development Department (EDD) lien for overlapping state disability indemnity benefits. The Board affirmed the underlying award of TDI, ruling the employer was liable for 104 weeks of benefits from the date TDI first commenced.

Petition for ReconsiderationTemporary Total DisabilityOrder Terminating Temporary DisabilityPetition to ReopenEmployment Development DepartmentState Disability IndemnityNewly Discovered EvidencePetition for Reconsideration SubstituteBenefit PrintoutHawkins v. Amberwood Products
References
2
Case No. STK 195998
Regular
Aug 07, 2007

DONALD SILVA vs. SCOLARI TILE CO., ZENITH INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision. The WCAB ruled that the 104-week limit for temporary disability indemnity (TDI) under Labor Code section 4656(c)(1) begins on the date TDI is first paid by the employer, not when the employee receives other disability benefits like SDI. This decision establishes that the commencement of SDI payments, even if reimbursed by the employer, does not trigger the start of the 104-week TDI limitation period.

Labor Code section 4656subdivision (c)(1)TDIEDDSDI104 week limitcommencement datetemporary disability indemnityemployer liabilitySB 899
References
2
Case No. ADJ210489 (EUR 30819)
Regular
Aug 28, 2008

RICHARD A. GREENE vs. EEL RIVER SAWMILLS, SELFINSURERS' SECURITY FUND

Reconsideration denied for $7,008.56 credit allowed to defendant for TDI overpayment against liability for further medical treatment. Applicant worked for another employer while receiving TDI.

Workers' Compensation Appeals BoardEel River SawmillsSelf-Insurers' Security FundTemporary Disability IndemnityCreditOverpaymentMedical TreatmentIndustrial InjuryCleanup WorkerBankruptcy
References
3
Case No. SRO 139769
Regular
Oct 22, 2007

GERMAN RODRIGUEZ ORTIZ vs. FULL COVERAGE COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address a dispute over the applicant's average weekly earnings (AWE) and temporary disability indemnity (TDI) rate. The original decision calculated the TDI based on total earnings from two jobs, but the defendant argued the primary employer's earnings were miscalculated and the secondary employment should be capped. The Board found the record insufficiently developed regarding the applicant's AWE and returned the case to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardGermain Rodriguez OrtizFull Coverage CompanyState Compensation Insurance FundFindings and AwardIndustrial InjuryRight Ankle and FootTemporary DisabilityAverage Weekly EarningsTemporary Total Disability Rate
References
6
Case No. ADJ3576959
Regular
Jun 04, 2009

MIGUEL VILELA vs. JERRY THOMPSON AND SONS PAINTING, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves an applicant who sustained a right knee injury while employed as a painter. The defendant sought reconsideration of the initial award, arguing the average weekly earnings (AWE) and temporary disability indemnity (TDI) rate were incorrectly calculated. The defendant also contended the applicant should reimburse EDD and that the defendant should receive credit for overpayment of TDI. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardAverage Weekly EarningsTemporary Disability IndemnityLabor Code section 4453(c)(4)Employment Development DepartmentEDD ReimbursementOverpaymentBifurcation
References
0
Case No. ADJ3857650 (FRE 0236521)
Regular
Oct 07, 2009

TIMOTHY REVIOUS vs. KINGS COUNTY

Reconsideration granted; affirmed award for TDI and permanent disability with amendments for credit for applicant's earnings during disability and correction of the weekly permanent disability indemnity rate.

Workers' Compensation Appeals BoardTimothy ReviousKings Countydeputy sheriffindustrial injuryhipsright kneestatute of limitationstemporary disability indemnitypermanent disability
References
7
Case No. ADJ2352341 (VNO 0508022)
Regular
Oct 13, 2009

RANDALL NEITZKE vs. COUNTY OF LOS ANGELES

The Appeals Board affirmed the WCJ's decision that the applicant sustained an industrial injury and is entitled to permanent disability indemnity, but reversed the WCJ's allowance of credit for overpayment of TDI due to waiver.

Workers' Compensation Appeals BoardReconsiderationPermanent DisabilityMedical TreatmentDeputy Sheriff2005 Schedule1997 ScheduleLabor Code § 4660(d)ApportionmentTemporary Disability Indemnity (TDI)
References
1
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