CompFox AI Summary
In this Workers' Compensation Appeals Board decision, the court rescinded a prior award granting additional temporary disability and home health care to applicant Jack Lam. The Board found that applicant's claim for temporary disability was limited to 104 weeks from the initial payment date per Labor Code section 4656(c)(1). Furthermore, the Board found no basis for equitable estoppel against the defendant for asserting this limitation, as there was no evidence of detrimental reliance by the applicant. The case was remanded to the trial level for further development of the record concerning wage loss during the 104-week period and for a re-evaluation of the need for home health care.
Full Decision Text1 Pages
In this Workers' Compensation Appeals Board decision, the court rescinded a prior award granting additional temporary disability and home health care to applicant Jack Lam. The Board found that applicant's claim for temporary disability was limited to 104 weeks from the initial payment date per Labor Code section 4656(c)(1). Furthermore, the Board found no basis for equitable estoppel against the defendant for asserting this limitation, as there was no evidence of detrimental reliance by the applicant. The case was remanded to the trial level for further development of the record concerning wage loss during the 104-week period and for a re-evaluation of the need for home health care.
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