TAMARA SPIVA vs. THE BABY CONNECTION, MID-CENTURY INSURANCE COMPANY

This case involves an applicant seeking reconsideration of a denial of additional temporary disability indemnity. The Workers' Compensation Appeals Board granted reconsideration, finding the administrative law judge applied the incorrect legal standard regarding temporary partial disability. The Board determined the focus should be on whether the applicant's conduct actually disqualified them from employment, not the employer's belief or investigation. The matter is returned for the judge to determine if the applicant engaged in misconduct leading to a justified termination, and to reassess temporary total disability entitlement regardless of the termination reason.