Home/Case Law/PETRA GARCIA vs. BANKERS WEST FUNDING CORPORATION, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY
Regular DecisionReconsideration

PETRA GARCIA vs. BANKERS WEST FUNDING CORPORATION, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY

Filed: Nov 21, 2008
ADJ2979319 (LAO 0864585)

CompFox AI Summary

This case concerns an applicant's entitlement to temporary disability indemnity (TDI) following a right upper extremity injury. The defendant sought reconsideration of an award, arguing TDI should cease earlier based on a QME's opinion and statutory limits. The Appeals Board granted reconsideration, amending the award to find TDI payable from January 3, 2006, through September 2, 2008, and continuing, while establishing the "date of commencement" for the two-year TDI limit as July 1, 2008, the date of first payment. The Board found the treating physician's opinion more persuasive than the QME's regarding the duration of temporary disability.

Full Decision Text1 Pages

This case concerns an applicant's entitlement to temporary disability indemnity (TDI) following a right upper extremity injury. The defendant sought reconsideration of an award, arguing TDI should cease earlier based on a QME's opinion and statutory limits. The Appeals Board granted reconsideration, amending the award to find TDI payable from January 3, 2006, through September 2, 2008, and continuing, while establishing the "date of commencement" for the two-year TDI limit as July 1, 2008, the date of first payment. The Board found the treating physician's opinion more persuasive than the QME's regarding the duration of temporary disability.

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PETRA GARCIA vs. BANKERS WEST FUNDING CORPORATION, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY (2008) – | CompFox