CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that temporary disability payments exceeded the statutory 104-week limit. The Board clarified that the applicant's shoulder surgery did not constitute an "amputation" as defined by Labor Code section 4656(c)(2)(C), which is an exception to the limit. Consequently, the case is returned to the trial level to determine the exact date temporary disability payments first commenced, as this is crucial for calculating the applicable 104-week cap.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that temporary disability payments exceeded the statutory 104-week limit. The Board clarified that the applicant's shoulder surgery did not constitute an "amputation" as defined by Labor Code section 4656(c)(2)(C), which is an exception to the limit. Consequently, the case is returned to the trial level to determine the exact date temporary disability payments first commenced, as this is crucial for calculating the applicable 104-week cap.
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