STATE OF CALIFORNIA I DEPARTMENT OF DEVELOPMENTAL SERVICES- FAIRVIEW STATE HOSPITAL, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUNDI STATE CPMTRACT SERVICES, CAROLYN WESTBROOKS, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACAROLYN WESTBROOKS,Applicant,vs.STATE OF CALIFORNIA I DEPARTMENT OF DEVELOPMENTAL SERVICES- FAIRVIEW STATE HOSPITAL, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUNDI STATE CPMTRACT SERVICES, Defendants).Case No . MON 0323488OPINION AND DECISIONAFTER RECONSIDERATION We previously granted defendant’s and applicant’s petitions for reconsideration of the March 16, 2007 Ruling of the Court wherein the workers’ compensation administrative law judge (WCJ) concluded that delayed temporary disability indemnity payments made pursuant to an earlier order did not count against the 104 compensable weeks within two years limitation contained in Labor Code section 4656(c)(1) because they were not timely paid, but that delayed payment of industrial disability leave (IDL) did count against the 104 compensable weeks within two years obligation.1 Defendant contends that section 4656(c)(1) limits its liability for temporary disability indemnity to 104 compensable weeks within a period of two years following the date on which temporary disability indemnity is first paid regardless of delays in payment after the two year period commences. Defendant also urges that it should not incur a penalty pursuant to section 4650(d) if the decision is upheld and additional temporary disability indemnity is found to be due. Applicant contends that the delayed payments of IDL should not count against the 104 compensable weeks within two years limit of section 4656(c)(1)- 1 All further statutory references are to the Labor Code. , We will rescind the WCJ’s decision because there are no provisions in the statute for suspending or extending the section 4656(c)(1) limits on defendant’s obliga
Carolyn Westbrooks vs. California: Uninsured Case Insights
In this case, Carolyn Westbrooks, an applicant, was injured while working for the State of California Department of Developmental Services- Fairview State Hospital. The hospital was legally uninsured and was adjusted by the State Compensation Insurance Fundi State Contract Services. Westbrooks was granted temporary disability indemnity payments, but the payments were delayed. The Workers' Compensation Appeals Board ruled that the delayed payments did not count against the 104 compensable weeks within two years limitation contained in Labor Code section 4656(c)(1) because they were not timely paid, but that delayed payment of industrial disability leave did count against the 104 compensable weeks within two years obligation. The Board concluded that the hospital had met its obligation under section 4656(c)(1
- Filed On:
- Court: California, San Francisco
- Case No. MON0323488
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