REDWOOD MEMORIAL HOSPITAL;HARTFORD INSURANCE COMPANY, CAROLYN A. TAGGART (CAROLYN MARCHI), WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAROLYN A. TAGGART (CAROLYN MARCHI),, Applicant,vs.REDWOOD MEMORIAL HOSPITAL;HARTFORD INSURANCE COMPANY,, Defendants).Case No.EUR 038062EUR038063OPINION AND DECISIONAFTER RECONSIDERATION On January 16, 2007, the Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues. This is our decision after reconsideration. In the Findings and Award of October 31, 2006, the workers’ compensation administrative law judge (WCJ) found, in relevant part, that on June 29, 2004, applicant sustained industrial injury to her neck, left elbow, left shoulder, right knee, and left hip, and that applicant is limited to two years of temporary disability indemnity benefits starting June 29, 2004, having been temporarily partially disabled from June 29, 2004 to August 3, 2005, on a wage-loss basis, and temporarily totally disabled from August 3, 2005 to June 29, 2006. Applicant sought reconsideration of the WCJ’s decision, contending that the WCJ erred in limiting the temporary disability award to the second anniversary date from the date of injury, that the Legislature clearly stated in Labor Code section 4656(cXI) that the limitation begins ninning from the first payment, not the first due date, that the limitation created in section 4656(cXl) is unconstitutional, and that if the limitation is constitutional and construed differently than how it is written, it should be construed to provide temporary total disability benefits by multiplying the temporary disability rate by 104. Defendant filed an answer. , Applicant sustained injury on June 29, 2004, which was denied by defendant. Applicant continued to work on a wage-loss basis until August 3, 2005, at which time the treating physician found her temporary totally disabled (TTD). Defendant pai
