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The Appeals Board denied the defendant's petition challenging the WCJ's jurisdiction to award temporary disability benefits, finding that jurisdiction was not lost as the issue was deferred and the case remained open. The Board granted the applicant's petition, amending the award to defer the issue of temporary disability for a later period (January 19, 2005, through March 29, 2006) because a stipulated permanent and stationary date does not preclude a subsequent period of temporary disability. The matter was returned to the trial level for further proceedings to determine eligibility for this later period of temporary disability.
Full Decision Text1 Pages
The Appeals Board denied the defendant's petition challenging the WCJ's jurisdiction to award temporary disability benefits, finding that jurisdiction was not lost as the issue was deferred and the case remained open. The Board granted the applicant's petition, amending the award to defer the issue of temporary disability for a later period (January 19, 2005, through March 29, 2006) because a stipulated permanent and stationary date does not preclude a subsequent period of temporary disability. The matter was returned to the trial level for further proceedings to determine eligibility for this later period of temporary disability.
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