Home/Case Law/RAMIRO GAMBOA MORENO vs. AMERICAN SUNROOF CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES
Regular DecisionReconsideration

RAMIRO GAMBOA MORENO vs. AMERICAN SUNROOF CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Filed: Mar 07, 2011
San Francisco
ADJ7005764

CompFox AI Summary

This case involves a defendant's petition to terminate temporary disability indemnity payments based on Labor Code §4656(c)(2)'s 104-week limit from the date of injury. The Appeals Board granted reconsideration, reversing the WCJ's prior denial and allowing termination. The Board found that the defendant's reimbursement of EDD disability benefits, plus payment of the differential, constituted payment towards the 104-week limit under §4656(c)(2), which applies to injuries after January 1, 2008, without regard to the commencement of payments.

Full Decision Text1 Pages

This case involves a defendant's petition to terminate temporary disability indemnity payments based on Labor Code §4656(c)(2)'s 104-week limit from the date of injury. The Appeals Board granted reconsideration, reversing the WCJ's prior denial and allowing termination. The Board found that the defendant's reimbursement of EDD disability benefits, plus payment of the differential, constituted payment towards the 104-week limit under §4656(c)(2), which applies to injuries after January 1, 2008, without regard to the commencement of payments.

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