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

Case No. SBR 0331312
Regular
Feb 19, 2008

ROBERT C. DAVIS vs. L-3 COMMUNICATIONS CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, overturning the WCJ's award of temporary disability indemnity beyond the statutory two-year limit. 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 initial payment date. Although the employer's utilization review practices arguably delayed treatment, the Board found no legal justification for extending payments past the two-year cap.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Disability IndemnityLabor Code Section 4656(c)(1)Two-Year Limit104 Compensable WeeksCommencement of PaymentAgreed Medical Evaluator (AME)Utilization Review (UR)Epidural Injections
References
4
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
1
Case No. OAK 0335075
Regular
Jan 14, 2008

DAVID ALBINI vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition and granted the defendant's petition for reconsideration. The WCAB rescinded the original award finding the applicant entitled to up to 104 weeks of temporary disability (TD) beyond two years of the first payment. The WCAB clarified that TD benefits are limited to 104 compensable weeks within two years from the *actual date* of the first TD payment, not when it was first owed.

Workers' Compensation Appeals BoardPetition for ReconsiderationTemporary Total Disability (TTD)Temporary Disability Indemnity (TDI)Labor Code Section 4656aggregate disability paymentscompensable weeksdate of commencement of temporary disability paymentSB 899WCJ
References
3
Case No. LAO 0854791, LAO 0854792
Regular
Sep 12, 2007

JOSE GONZALO VASQUEZ vs. CITY OF PASADENA, legally uninsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, finding that Labor Code section 4656(c)(1) limits temporary disability indemnity to 104 compensable weeks within a two-year period. The Board determined that since the applicant sustained two injuries to the same body part less than two weeks apart, and temporary disability began after the second injury, the two-year limitation runs concurrently for both, not consecutively. Therefore, the applicant is not entitled to double the maximum temporary disability period.

Workers Compensation Appeals BoardCity of Pasadenalegally uninsuredindustrial injuryright shoulderneckmaintenance public workertemporary disabilityLabor Code section 4656(c)(1)104 compensable weeks
References
1
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
2
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
6
Case No. STK 195467
Regular
Aug 13, 2007

Jason Becht vs. Manpower, Inc. / Bunge North America, ACE American Insurance, Cambridge Integrated Services

This case concerns whether an applicant is entitled to further temporary disability indemnity payments after exhausting the 104-week limit within two years under Labor Code § 4656(c)(1). The Appeals Board rescinded the WCJ's decision and returned the case for further proceedings, requiring a determination of the actual date temporary disability payments first commenced. The Board ruled that weeks worked do not extend the two-year limit and that it lacks jurisdiction to address constitutional challenges to the statute.

Workers' Compensation Appeals BoardTemporary Disability IndemnityLabor Code Section 4656(c)(1)Compensable Weeks LimitDate of CommencementEstoppelMedical Treatment DelayUnconstitutional StatuteJurisdictionEn Banc Decision
References
5
Case No. SAC 0360922, SAC 0360923
Regular
Aug 08, 2007

DONALD FOSTER vs. C. OVERAA & COMPANY, ZURICH AMERICAN INSURANCE COMPANY

This case involves two industrial injuries sustained by the applicant as a millwright. The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration to clarify temporary disability indemnity periods. The WCAB amended the award to reflect that temporary disability payments are capped at 104 weeks within a two-year period for each injury, and that these periods can overlap if disabilities are concurrent.

Workers' Compensation Appeals BoardDonald FosterC. Overaa & CompanyZurich American Insurance CompanyMillwrightIndustrial InjuryNeck InjuryElbow InjuryShoulder InjuryTemporary Disability Indemnity
References
3
Case No. 2021 NY Slip Op 04073
Regular Panel Decision
Jun 24, 2021

Matter of Jagiello v. Air Tech Lab, Inc.

Czeslaw Jagiello had an established workers' compensation claim for an occupational disease that became disabling in 2017, in addition to a prior claim for World Trade Center site injuries, under which he received $400 weekly in temporary partial disability benefits. The dispute revolved around the amount of additional benefits for the occupational disease claim, with the Workers' Compensation Board (WCB) initially determining $480.71 weekly but capping the concurrent award at $801.32 weekly, leading to an award of $401.32 weekly for the occupational disease. Jagiello argued the statutory cap should be $870.61 weekly, thus seeking $470.61 weekly. The Appellate Division affirmed the WCB's decision, clarifying that while the combined weekly benefit was statutorily capped at $870.61 under Workers' Compensation Law § 15 (6), the appropriate temporary partial disability award, being two-thirds of the difference between pre- and post-accident average weekly wages, was correctly limited to $801.32, which was two-thirds of his average weekly wages at the date of disablement.

Workers' CompensationOccupational DiseaseTemporary Partial DisabilityConcurrent AwardsStatutory Maximum RatesAverage Weekly WageWorld Trade Center ClaimAppellate ReviewDisability BenefitsBenefit Calculation
References
7
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
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