CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a prior award finding continuing temporary disability for a tanker driver, Cox Petroleum, based on admitted spinal injuries. While the parties stipulated to a cumulative injury date of April 18, 2004, the Board found insufficient evidence that this cumulative injury caused temporary disability. Therefore, the case was returned to the trial level for further medical development to determine causation and apportion temporary disability to the cumulative injury, which would affect the applicability of the 104-week/two-year cap under Labor Code § 4656(c)(1).
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award finding continuing temporary disability for a tanker driver, Cox Petroleum, based on admitted spinal injuries. While the parties stipulated to a cumulative injury date of April 18, 2004, the Board found insufficient evidence that this cumulative injury caused temporary disability. Therefore, the case was returned to the trial level for further medical development to determine causation and apportion temporary disability to the cumulative injury, which would affect the applicability of the 104-week/two-year cap under Labor Code § 4656(c)(1).
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