CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded previous decisions, finding the WCJ erred in applying equitable estoppel against SCIF regarding temporary disability payments. The Board held that SCIF's delay in authorizing spinal surgery did not justify estopping them from asserting the 104-week/two-year limitation on temporary disability, as the primary remedy for medical treatment delays is a Labor Code section 5814 penalty. Additionally, the Board remanded the cumulative trauma injury case for further evidence regarding separate periods of temporary disability.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded previous decisions, finding the WCJ erred in applying equitable estoppel against SCIF regarding temporary disability payments. The Board held that SCIF's delay in authorizing spinal surgery did not justify estopping them from asserting the 104-week/two-year limitation on temporary disability, as the primary remedy for medical treatment delays is a Labor Code section 5814 penalty. Additionally, the Board remanded the cumulative trauma injury case for further evidence regarding separate periods of temporary disability.
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