CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) rescinded the original award due to concerns about exceeding statutory temporary disability limits and an unclear basis for the defendant's credit of $37,700.35. The WCAB found the award for temporary disability indemnity likely surpassed the 104-week statutory maximum under Labor Code section 4656(c)(1). Furthermore, the WCAB determined the credit calculation was not adequately supported by evidence, particularly regarding whether applicant contributed to disability plans and thus whether a proportional credit applied per Fraide. The case was returned to the trial level for further proceedings to clarify these issues and recalculate any permissible credit.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) rescinded the original award due to concerns about exceeding statutory temporary disability limits and an unclear basis for the defendant's credit of $37,700.35. The WCAB found the award for temporary disability indemnity likely surpassed the 104-week statutory maximum under Labor Code section 4656(c)(1). Furthermore, the WCAB determined the credit calculation was not adequately supported by evidence, particularly regarding whether applicant contributed to disability plans and thus whether a proportional credit applied per Fraide. The case was returned to the trial level for further proceedings to clarify these issues and recalculate any permissible credit.
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