CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that his hip replacement surgery, which involved the removal of the femoral head, did not qualify as an amputation under Labor Code section 4656(c)(2)(C). Consequently, the applicant is limited to 104 weeks of temporary disability benefits. The Board followed its prior en banc ruling in Cruz v. Mercedes-Benz, which defined "amputation" as the severance of external body parts and not the removal of internal, non-projecting structures.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that his hip replacement surgery, which involved the removal of the femoral head, did not qualify as an amputation under Labor Code section 4656(c)(2)(C). Consequently, the applicant is limited to 104 weeks of temporary disability benefits. The Board followed its prior en banc ruling in Cruz v. Mercedes-Benz, which defined "amputation" as the severance of external body parts and not the removal of internal, non-projecting structures.
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