CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that temporary disability payments should be capped as the injury occurred more than five years prior. However, the Board found that Labor Code section 4656 does not impose such a cap for injuries sustained between January 1, 1979, and April 19, 2004, especially when there has been no final adjudication. Therefore, the administrative law judge had jurisdiction to award temporary total disability benefits from September 21, 2009, to the present and continuing.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that temporary disability payments should be capped as the injury occurred more than five years prior. However, the Board found that Labor Code section 4656 does not impose such a cap for injuries sustained between January 1, 1979, and April 19, 2004, especially when there has been no final adjudication. Therefore, the administrative law judge had jurisdiction to award temporary total disability benefits from September 21, 2009, to the present and continuing.
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