Home/Case Law/DONALD SILVA vs. SCOLARI TILE CO., ZENITH INSURANCE CO.
Regular DecisionRegular Panel Decision

DONALD SILVA vs. SCOLARI TILE CO., ZENITH INSURANCE CO.

Filed: Aug 07, 2007
STK 195998

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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision. The WCAB ruled that the 104-week limit for temporary disability indemnity (TDI) under Labor Code section 4656(c)(1) begins on the date TDI is first paid by the employer, not when the employee receives other disability benefits like SDI. This decision establishes that the commencement of SDI payments, even if reimbursed by the employer, does not trigger the start of the 104-week TDI limitation period.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision. The WCAB ruled that the 104-week limit for temporary disability indemnity (TDI) under Labor Code section 4656(c)(1) begins on the date TDI is first paid by the employer, not when the employee receives other disability benefits like SDI. This decision establishes that the commencement of SDI payments, even if reimbursed by the employer, does not trigger the start of the 104-week TDI limitation period.

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