Home/Case Law/HENRIETTA BARCLAY vs. RITE AID, TRAVELERS INSURANCE COMPANY
Regular DecisionWorkers' Compensation

HENRIETTA BARCLAY vs. RITE AID, TRAVELERS INSURANCE COMPANY

Filed: Jan 22, 2008
San Francisco
OAK 0326623

CompFox AI Summary

The applicant's claim that the excision of her distal clavicle constitutes an "amputation" under Labor Code section 4656(c)(2)(C) was denied, as the Board held that term refers to external body parts. However, the Board deferred the issue of temporary disability indemnity, allowing further proceedings on the applicant's claims of unreasonable medical treatment delays estopping the defendant from asserting the statutory limits. The Board also declined to rule on the constitutionality of the statute, citing lack of jurisdiction.

Full Decision Text1 Pages

The applicant's claim that the excision of her distal clavicle constitutes an "amputation" under Labor Code section 4656(c)(2)(C) was denied, as the Board held that term refers to external body parts. However, the Board deferred the issue of temporary disability indemnity, allowing further proceedings on the applicant's claims of unreasonable medical treatment delays estopping the defendant from asserting the statutory limits. The Board also declined to rule on the constitutionality of the statute, citing lack of jurisdiction.

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HENRIETTA BARCLAY vs. RITE AID, TRAVELERS INSURANCE COMPANY (2008) – San Francisco | CompFox