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

Case No. MISSING
Regular Panel Decision

Claim of Bruzzese v. Guardsman Elevator Co.

In 1994, the claimant sustained head, neck, and back injuries at work, leading to an award for permanent partial disability, which included a wage expectancy adjustment under Workers’ Compensation Law § 14 (5). Following back surgery in 1998, the case was reopened, and the claimant was found to be temporarily totally disabled. Benefits for this temporary total disability were calculated based on the claimant's average weekly wage at the time of injury, without applying the wage expectancy adjustment. The claimant appealed, arguing that since the permanent partial disability preceded the temporary total disability, the wage expectancy adjustment should also apply to the latter period. The court disagreed, affirming the Workers’ Compensation Board's decision, citing established case law that Workers’ Compensation Law § 14 (5) is applicable only to awards for permanent partial disability and not temporary disability.

Wage expectancyTemporary total disabilityPermanent partial disabilityWorkers' Compensation benefitsBack injuryAppellate reviewDisability calculationWorkers' Compensation BoardAverage weekly wage
References
1
Case No. MISSING
Regular Panel Decision

Matter of Brady v. Northeast Riggers & Erectors

In March 2012, the claimant, a union construction laborer, sustained a work-related back and abdomen injury. A Workers' Compensation Law Judge (WCLJ) initially found the claimant attached to the labor market but deemed a total industrial disability finding premature because permanent disability had not yet been classified. The Workers’ Compensation Board upheld this determination. The claimant appealed, arguing the Board erred in declining to classify him with a temporary total industrial disability. The Court affirmed the Board's decision, asserting that a classification of temporary total industrial disability cannot be made without a prior determination of permanency.

Workers' CompensationIndustrial DisabilityPermanent DisabilityTemporary DisabilityLabor MarketAppellate DivisionBoard DecisionPremature DeterminationGainful EmploymentWork History
References
6
Case No. MISSING
Regular Panel Decision

Claim of Kowalchyk v. Wade Lupe Construction Co.

The claimant, a carpenter over 60 with an 11th-grade education, fractured his back and wrist in August 1985 while on a construction jobsite. Initially, his physician, Dr. James Slavin, considered him totally disabled, and he received total disability benefits from his employer's carrier. However, in December 1985, the employer reduced benefits to a partial disability rate, relying on a report from their consultant, Dr. Edward Pasquarella. The claimant subsequently filed for compensation, leading to a determination by the Workers’ Compensation Law Judge and ultimately the Workers’ Compensation Board that he had a total industrial disability. The employer appealed this decision, arguing it lacked substantial evidence. The court affirmed the Board's decision, considering the claimant’s physical limitations, age, work experience, and limited education, concluding he had no marketable skills outside carpentry.

Workers' CompensationTotal Industrial DisabilityPartial DisabilityMedical Testimony ConflictEarning Capacity AssessmentAppellate ReviewVocational RehabilitationAge & Education FactorsCarpenter InjuryScaffold Accident
References
3
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. ADJ748314 (GRO 0033412) ADJ2119704 (GRO 0033413)
Regular
May 18, 2009

GEORGE DIGEROLAMO vs. RALPH'S GROCERY STORE; Permissibly Self-Insured, Adjusted By SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns George Digerolamo's entitlement to temporary total disability (TTD) indemnity for left knee injuries sustained before April 19, 2004. The defendant sought reconsideration, arguing that Labor Code sections 4656(c)(1) and 4656(b) limited the TTD payments. The Workers' Compensation Appeals Board denied reconsideration, affirming that because Digerolamo's injuries predated April 19, 2004, the limitations on TTD duration did not apply. The Board also confirmed jurisdiction to award TTD commencing more than five years after the date of injury when the issue remained unresolved.

WCABPetition for ReconsiderationJoint Findings and AwardTotal Temporary DisabilityTDILabor Code section 4656Cumulative TraumaSpecific InjuryRetail ClerkLeft Knee Injury
References
4
Case No. ADJ8825215
Regular
Dec 07, 2015

CARRIE SPELLINGS vs. PACIFIC PULMONARY SERVICES, SOMPO JAPAN INSURANCE COMPANY OF AMERICA, BROADSPIRE

In this workers' compensation case, the employer sought reconsideration of an award of temporary disability benefits. The applicant sustained a low back injury in 2010 and became temporarily totally disabled in 2014. The employer argued the indemnity rate should be based on pre-injury earnings and that the award exceeded the five-year statutory limit. The Board affirmed the award, finding temporary disability should be based on the applicant's actual earning capacity at the time of incapacity, not just the date of injury. Furthermore, the Board held that the five-year limit did not bar the award because the period of temporary disability commenced within that timeframe and the Board was exercising original jurisdiction.

Temporary disability indemnityPetition for reconsiderationFindings and awardLabor Code section 4656(c)(2)Earning capacityDate of injuryDate of temporary total disabilityStipulated earningsIndemnity rateBodnar v. Workers' Comp. Appeals Bd.
References
6
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. LAO 0862183
Regular
Oct 01, 2007

ALFREDO BELTRAN vs. COCA-COLA ENTERPRISES, INC., SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior decision that required a petition to terminate temporary disability. The Board clarified that Labor Code § 4656(c)(1) automatically limits temporary total disability to 104 weeks within two years, obviating the need for a termination petition. The case was remanded to determine the exact date temporary disability payments first commenced to properly apply this statutory limit.

Temporary total disabilityTTDPetition to TerminateLabor Code 4651.1Labor Code 4656(c)(1)104 compensable weeksTwo-year periodIndustrial injurySpineButtocks
References
1
Case No. ADJ10411385
Regular
Dec 09, 2016

DERRICK CHERRY vs. STATE OF CALIFORNIA - PRISON INDUSTRIES AUTHORITY, STATE COMPENSATION INSURANCE FUND

This case involves the State Compensation Insurance Fund's petition for reconsideration of a prior award for temporary total disability benefits to a former inmate. The Board granted reconsideration, rescinded the original award, and substituted a new award for 26 days of temporary total disability, deferring any additional claims. This decision was based on limited medical evidence and the lack of proof regarding the defendant's offer of modified work. The matter was returned to the WCJ for further proceedings regarding additional temporary disability.

Prison Industries Authorityformer inmateincarcerationtemporary total disabilitymodified worktemporary partial disabilitywage lossLabor Code Section 5902Petition for ReconsiderationWCJ Report
References
6
Case No. ADJ9584702
Regular
May 03, 2019

ROBERTO RUIZ PEREZ vs. DEL RIO WEST PALLETT, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration to modify a prior award. The Board found that the applicant was only entitled to two weeks of temporary total disability for his admitted industrial injury to the left hand, based on medical opinions. The Board specifically rejected the applicant's claim for psychological injury and any extended temporary disability beyond the initial two-week period. Therefore, the prior award of temporary total disability from July 2, 2012, to September 11, 2014, was amended to reflect the limited two-week period.

CIGAUllico Casualty CompanyliquidationPetition for ReconsiderationTemporary Total DisabilityLabor Code section 4656(c)(1)Qualified Medical Evaluatorchronic regional pain syndromeanxietyinsomnia
References
3
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