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The Appeals Board granted reconsideration and reversed a prior WCJ finding, ruling that total knee replacement surgery does not constitute an amputation for the purpose of extending temporary disability indemnity beyond the 104-week statutory limit. The Board clarified that amputation under Labor Code section 4656(c)(2)(C) applies only to the severance or removal of external limbs or appendages, not internal body parts. Therefore, the applicant's claim for additional temporary disability indemnity was denied.
JULIE RAMIREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, PAROLE COMMUNITY SERVICES, Legally Uninsured, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Appeals Board granted reconsideration and reversed a prior WCJ finding, ruling that total knee replacement surgery does not constitute an "amputation" for the purpose of extending temporary disability indemnity beyond the 104-week statutory limit. The Board clarified that "amputation" under Labor Code section 4656(c)(2)(C) applies only to the severance or removal of external limbs or appendages, not internal body parts. Therefore, the applicant's claim for additional temporary disability indemnity was denied.
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