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

Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
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. ADJ10177344
Regular
May 16, 2016

DARRELL WOODS vs. NORTH COUNTY FIRE PROTECTION DISTRICT

Applicant Darrell Woods sought reconsideration of a WCJ's decision denying additional temporary disability indemnity beyond five years from his January 4, 2011 industrial injury. The WCJ correctly found that Labor Code section 4656(c)(2) limits temporary disability payments to 104 weeks within a five-year period from the date of injury. Unlike precedent cited by the applicant, no stipulation was made within the five-year window to continue discovery on temporary disability entitlement. Therefore, the Appeals Board denied the petition for reconsideration, affirming the WCJ's decision.

Labor Code section 4656(c)(2)temporary disability indemnitydate of injuryfive year limitationpetition for reconsiderationindustrial injuryheart injuryhypertensionparamedic/engineersalary continuation
References
Case No. ADJ7811907
Regular
Jul 10, 2017

KYLE PIKE vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for reconsideration, affirming an award of temporary disability and salary continuation benefits to Kyle Pike. Despite the benefits extending beyond five years from the injury date, the Board found applicant's temporary disability commenced within that period and was limited to 104 weeks. This decision aligns with a judicial interpretation that allows such awards when a timely petition to reopen is filed and benefits begin within the statutory five-year window. The dissenting opinion argued that Labor Code section 4656(c)(2) strictly prohibits temporary disability payments beyond five years from the injury date for injuries after January 1, 2008.

Labor Code section 4850temporary disability benefitsPetition to ReopenLabor Code section 4656(c)(2)five-year limitation104 weeksDeputy Sheriff Detentiondate of injurycontinuing jurisdictionnew and further disability
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. ADJ7755855
Regular
Aug 25, 2014

CAROLINE HARDMAN vs. VETERINARY CENTERS OF AMERICA, BROADSPIRE for ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The Board ruled that, under Labor Code section 4656(c)(2), the applicant is only entitled to temporary disability indemnity for a single injury occurring after January 1, 2008, for 104 weeks within a five-year period from the date of injury. Therefore, temporary disability payments cannot extend beyond September 17, 2013, for this applicant. The rest of the original award, including medical treatment and penalties for unreasonable delay, was affirmed.

Petition for ReconsiderationFindings and AwardVeterinary technicianIndustrial injuryTemporary disabilityMedical treatmentLabor Code section 4656(c)(2)104 compensable weeksFive-year periodDate of injury
References
Case No. ADJ6779280, ADJ6783287
Regular
Feb 09, 2011

DANA COX vs. FIRST TRANSIT, NEW HAMPSHIRE INSURANCE COMPANY

This case involves an applicant with two distinct industrial injuries to different body parts, leading to concurrent temporary disability. The defendant argued the 104-week limit under Labor Code section 4656(c)(2) should run concurrently for both injuries. The Appeals Board rescinded the prior award, finding the WCJ did not properly apply the statute. The Board remanded the case for a new decision, clarifying that for overlapping periods of temporary disability from multiple injuries, the 104-week limitation runs concurrently.

Labor Code section 4656(c)(2)petition for reconsiderationFindings and Awardparatransit driver104 compensable weeksaggregate disability paymentssuccessive injuriesconcurrent temporary disabilityoverlapping body partsLabor Code section 4656(c)(1)
References
Case No. MON 0333042 MON 0333043
Regular
May 01, 2008

JOSE LUIS CASTANEDA vs. SAMY'S CAMERA, INC., ZENITH INSURANCE COMPANY

This case concerns applicant Jose Luis Castaneda's claim for temporary disability benefits following two work-related injuries from Samy's Camera, Inc. The Appeals Board affirmed a prior award limiting temporary disability to two years from commencement, finding that concurrent injuries result in a concurrent application of the two-year cap under Labor Code section 4656(c)(1). This decision aligns with the appellate court's ruling in *Foster v. Workers' Comp. Appeals Bd.*, which held that the 104-week/2-year limitation runs concurrently when independent injuries cause simultaneous temporary disability.

Labor Code section 4656temporary disability indemnitypetition for reconsiderationtwo-year capFoster v. Workers' Comp. Appeals Bd.aggregate disability paymentsconcurrent periodsspecific injurycumulative injuryWCJ
References
Case No. ADJ789644 (GRO 0034670), ADJ3641717 (GRO 0035359)
Regular
Dec 17, 2009

MELISSA RASURA vs. COMMUNITY HEALTH CENTERS, STATE COMPENSATION INSURANCE FUND, GALLAGHER BASSETT/USF & G

Defendant's petition for reconsideration is denied. The WCJ's report is adopted, and two separate 104-week/2-year caps apply due to two injuries.

Workers Compensation Appeals BoardMelissa RasuraCommunity Health CentersState Compensation Insurance FundGallagher BassettUSF&GPetition for ReconsiderationFindings and AwardIndustrial InjuriesTemporary Disability
References
Case No. SAL 110279
Regular
Oct 19, 2007

KENNETH LANGWORTHY vs. SANTA CRUZ COMMUNITY COUNSELING CENTER, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a worker's claim for extended temporary disability benefits beyond the statutory two-year limit. The applicant argued his spinal discectomy constituted an amputation, entitling him to longer benefits under Labor Code section 4656. The Appeals Board denied reconsideration, affirming the WCJ's finding that a discectomy is not an amputation under the relevant statute, citing a prior en banc decision. Therefore, the applicant's right to temporary disability benefits terminated on April 2, 2007, after the two-year statutory cap.

Workers' Compensation Appeals BoardKenneth LangworthySanta Cruz Community Counseling CenterState Compensation Insurance FunddiscectomyamputationLabor Code section 4656temporary disability benefitstwo-year capindustrial injury
References
Showing 1-10 of 1,618 results

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