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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. 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. 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. 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. OAK 0336357 OAK 0336358
Regular
Aug 05, 2008

MARSHALL HOLDER vs. UNICO SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant with two shoulder injuries that resulted in overlapping temporary disability. The Appeals Board reversed the WCJ's award of ongoing temporary disability, finding that Labor Code section 4656(c)(1) limits payments to 104 weeks within two years of the *first* temporary disability payment. Therefore, the applicant is entitled to temporary disability indemnity for two years from April 5, 2005, and not thereafter.

Temporary disability indemnityconcurrent temporary disabilityLabor Code section 4656(c)(1)Hawkins v. Amberwood ProductsFoster v. Workers' Comp. Appeals Bd.date of commencement of temporary disability paymentaggregate disability paymentstwo-year limitationbilateral shoulder injuryleft shoulder injury
References
2
Case No. SFO 0485029
Regular
Aug 10, 2007

MARIA CARDENAS vs. GALAXY DESSERTS, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed a prior order denying the defendant's petition to terminate temporary disability indemnity. The Board held that the 104-week limitation under Labor Code section 4656(c)(1) begins from the date of the first temporary disability payment, not the date of injury or the first compensable period. This decision aligns with precedent establishing that the commencement date for the limitation is the actual date indemnity was first paid.

temporary disability indemnityPetition to Terminate LiabilityLabor Code section 4656(c)(1)104 compensable weeksfirst payment of temporary disability indemnityfirst date of compensable temporary total disabilityHawkins v. Amberwood Products
References
1
Case No. SRO 0135117
Regular
Aug 08, 2007

CARLOS ROJAS vs. OGLETREE'S, STATE COMPENSATION INSURANCE FUND

This case concerns applicant Carlos Rojas's entitlement to temporary disability indemnity following a cervical spine, right shoulder, and right arm injury. The defendant sought to limit payments based on Labor Code section 4656(c)(1), arguing the 104-week period began with the first compensable disability. The Appeals Board affirmed the lower decision, holding that the 104-week limit is triggered by the date of the *first payment* of temporary disability, not the date of the injury or when benefits were initially owed.

Workers' Compensation Appeals BoardReconsiderationTemporary Total DisabilityLabor Code section 4656(c)(1)OverpaymentExpedited HearingFindings and OrderTemporary Disability IndemnityCompensable Temporary DisabilityCommencement of Payment
References
1
Case No. ADJ3853793 (SRO 0141299)
Regular
Feb 23, 2015

CHRISTINA LAURA LEPE DUARTE vs. FIDELITY NATIONAL TITLE COMPANY, HARTFORD INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration regarding the end date of temporary disability payments. The Board previously amended an award to extend temporary disability to August 7, 2009. The defendant argued this violated Labor Code section 4656's two-year limitation. However, the Board denied reconsideration, reaffirming that under *Hawkins v. Amberwood Products*, the two-year period begins on the date of the first *payment* of temporary disability, not when it was first owed. Since the first payment was August 8, 2007, the 104-week period validly extended to August 7, 2009.

ADJ3853793FIDELITY NATIONAL TITLE COMPANYHARTFORD INSURANCE COMPANYLabor Code section 4656temporary disabilitycompensable weeksdate of commencement of temporary disability paymentHawkins v. Amberwood Productsindustrial injuryneck
References
1
Case No. OAK 0329521
Regular
Aug 09, 2007

MIREYA ESTRELLA vs. ROSS STORES, INC., SEDGWICK CLAIM SERVICES

The Workers' Compensation Appeals Board rescinded an award of temporary disability indemnity due to a lack of a proper trial record. The Board also clarified that the 104-week limit under Labor Code section 4656(c)(1) begins from the first date of indemnity payment, not when it is owed. The case was returned for further proceedings to establish the initial payment date and the applicant's ongoing temporary disability status.

Workers' Compensation Appeals Boardtemporary disability indemnityreconsiderationfindings and awardrescindedremandedLabor Code section 4656(c)(1)104 compensable weekstrial recordstipulation
References
2
Case No. VNO 0497522
Regular
Aug 10, 2007

MARGARET L. HESTER vs. COUNTY OF LOS ANGELES/USC MEDICAL CENTER, TRISTAR RISK MANAGEMENT

This case concerns a dispute over the start date for calculating the two-year limit on temporary disability payments under Labor Code section 4656(c)(1). The Board affirmed the Workers' Compensation Judge's award, holding that the "date of commencement of temporary disability payment" refers to when the indemnity is first paid, not when it is first owed. This decision is consistent with the Board's en banc ruling in *Hawkins v. Amberwood Products*.

Workers' Compensation Appeals BoardReconsiderationTemporary Disability IndemnityLabor Code Section 4656(c)(1)Date of Commencement of Temporary Disability PaymentCompensable WeeksIndustrial InjuryL.V.N.County of Los AngelesUSC Medical Center
References
1
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