Home/Case Law/GAELENE SCOTT vs. RITE AID, TRAVELERS PROPERTY AND CASUALTY COMPANY
Regular DecisionReconsideration Decision

GAELENE SCOTT vs. RITE AID, TRAVELERS PROPERTY AND CASUALTY COMPANY

Filed: Oct 22, 2007
SAC 0344938

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded a prior award that denied temporary disability benefits based on Labor Code section 4656(c)(1)'s 104-week limit. The Board found the applicant's argument regarding the constitutionality of the statute could not be addressed, but remanded the case. The matter is returned to the trial level to determine the actual date temporary disability payments first commenced, which is crucial for calculating the 104-week aggregate limit.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded a prior award that denied temporary disability benefits based on Labor Code section 4656(c)(1)'s 104-week limit. The Board found the applicant's argument regarding the constitutionality of the statute could not be addressed, but remanded the case. The matter is returned to the trial level to determine the actual date temporary disability payments first commenced, which is crucial for calculating the 104-week aggregate limit.

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