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.