CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge's decision on the period of temporary disability was inadequately explained and appeared to misstate the applicant's claim. The applicant sought temporary disability from the date of injury due to back and psychiatric injury, but the judge awarded it only from the trial date, citing testimony and a report that contradicted this limited finding. The Board rescinded the prior order and returned the case to the trial level for a redetermination of the temporary disability period, with instructions to explain the reasoning and potentially seek further medical evidence. The judge must also apply Labor Code section 4656(c)(2) if additional temporary disability is found.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration because the administrative law judge's decision on the period of temporary disability was inadequately explained and appeared to misstate the applicant's claim. The applicant sought temporary disability from the date of injury due to back and psychiatric injury, but the judge awarded it only from the trial date, citing testimony and a report that contradicted this limited finding. The Board rescinded the prior order and returned the case to the trial level for a redetermination of the temporary disability period, with instructions to explain the reasoning and potentially seek further medical evidence. The judge must also apply Labor Code section 4656(c)(2) if additional temporary disability is found.
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