CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded two prior awards due to uncertainty regarding the applicant's temporary disability rate and periods. The original decisions failed to establish a clear, enforceable award for temporary disability indemnity, leaving the defendant liable for penalties without a determined benefit amount. The Board remanded the cases for further development of the record to issue a certain award consistent with Foster v. Workers' Comp. Appeals Bd., which mandates concurrent, not consecutive, temporary disability awards. This ensures clarity on the defendant's exact liability and proper application of the 104-week benefit cap.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded two prior awards due to uncertainty regarding the applicant's temporary disability rate and periods. The original decisions failed to establish a clear, enforceable award for temporary disability indemnity, leaving the defendant liable for penalties without a determined benefit amount. The Board remanded the cases for further development of the record to issue a certain award consistent with Foster v. Workers' Comp. Appeals Bd., which mandates concurrent, not consecutive, temporary disability awards. This ensures clarity on the defendant's exact liability and proper application of the 104-week benefit cap.
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