CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, finding the applicant was not entitled to temporary total disability from January 5, 2011, to August 31, 2011. The Board determined that despite the applicant's hand and wrist injury, his termination for documented performance issues meant he lost wages for reasons other than his industrial injury. The employer's offer of modified duty was considered genuine, and the applicant's misconduct superseded the "odd lot" doctrine. Therefore, the applicant is not entitled to temporary disability benefits during the contested period.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award, finding the applicant was not entitled to temporary total disability from January 5, 2011, to August 31, 2011. The Board determined that despite the applicant's hand and wrist injury, his termination for documented performance issues meant he lost wages for reasons other than his industrial injury. The employer's offer of modified duty was considered genuine, and the applicant's misconduct superseded the "odd lot" doctrine. Therefore, the applicant is not entitled to temporary disability benefits during the contested period.
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