Cathy Casazza, vs. Petaluma School District, Permissibly Self-insured And Adjusted By Resig,

In this case, the Petaluma School District, permissibly self-insured and adjusted by RESIG, was sued by Cathy Casazza for workers' compensation. The case was heard by the Workers' Compensation Appeals Board, who found that Casazza had incurred two industrial injuries to her neck while employed by the school district, and that the two year limit provided in section 4656(c)(1) began to run when the first payment of temporary disability indemnity was made. The Board also found that the limit of 104 compensable weeks within a period of two years runs concurrently for both injuries from the date on which temporary disability indemnity was first paid, and rescinded the finding that the school district was estopped from claiming credit

PETALUMA SCHOOL DISTRICT, permissibly self-insured and adjusted by RESIG, CATHY CASAZZA, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATHY CASAZZA,, Applicant,vs.PETALUMA SCHOOL DISTRICT, permissibly self-insured and adjusted by RESIG,, Defendant(s).Case Nos. SRO 0132158SRO 0135138OPINION AND DECISIONAFTER RECONSIDERATION            We previously granted defendant’s petition for reconsideration of the November 6, 2006 Joint Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant incurred industrial injury to her neck while employed by defendant as a full inclusion aide on April 21, 2004 (SRO 132058) and during the cumulative trauma period from November 2003 through April 22, 2004 (SRO 135138), causing a need for medical treatment and temporary total disability from April 23, 2004 through the date of the decision and continuing. The WCJ further found that “defendant is estopped from asserting temporary disability payments for the period between April 6, 2006 and July 2, 2006 against the 208 week cap due to delayed necessary treatment.” In his Opinion on Decision, the WCJ explained his view that the two year limitation on payment of temporary disability indemnity in Labor Code section 4656(c)(1) begins to run on the date on which temporary disability indemnity is first paid and not on the date for which temporary disability indemnity was first owed, and that the limitation of 104 compensable weeks within a period of two years applies to each of the two injuries and runs consecutively to allow for a total of 208 compensable weeks within a period of four years.11 All further statutory references are to the Labor Code. Section 4656(cXl) provides in full: “Aggregate disability payments for a single injury occurring on or after the effective date of this subdivision, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two yean from the date of commencement of tempor

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