Irma Mendez vs. Sunrise Senior Living; American Home Assurance

This case involved a dispute between Sunrise Senior Living and American Home Assurance and Irma Mendez over the date of commencement of temporary disability payments for purposes of Labor Code section 4656(c)(1). After reconsideration, the Workers' Compensation Appeals Board amended the Order to award payment of temporary disability indemnity for not more than 104 weeks within a period of two years from June 2, 2005.

Sunrise Senior Living; American Home Assurance Irma Mendez WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAIRMA MENDEZ, Applicant,vs.SUNRISE SENIOR LIVING; AMERICAN HOME ASSURANCE, Defendants.Case No. SDO 0327959OPINION AND DECISION AFTER RECONSIDERATION            On May 21, 2007 wc granted applicant’s petition for reconsideration of the Findings and Order dated March 5, 2007 in order to allow sufficient opportunity to further study the factual and legal issues in this case. The workers’ compensation administrative law judge (WCJ) determined that the date of commencement of temporary disability payments for purposes of Labor Code section 4656(c)(1)1 is January 10, 2005. This is our decision after reconsideration. We amend the Order to award payment of temporary disability indemnity for not more than 104 weeks within a period of two years from June 2,2005.            Applicant sustained an industrial injury on June 8, 2004, while employed as a care manager. On October 15, 2004, she filed an Application for Adjudication of Claim alleging injury to her left shoulder. She later amended her claim to allege additional injury to her neck, left hip, bilateral knees and back. Defendant stipulated to injury to all of these body pans at an expedited hearing on February 26, 2007 (Minutes of Hearing, page 2).            Although defendant admitted that applicant had sustained an industrial injury, it made no payment of temporary disability indemnity until the Findings and Award dated May 18, 2005, after which defendant began payments as ordered on June 2, 2005. Defendant terminated payment of temporary disability indemnity on January 6. 2007. Applicant requested an expedited hearing on 1 Unless otherwise specified, all statutory references arc to the Labor Code. , her right to additional temporary disability payments. At the hearing on February 26, 2007, the parties stipulated that the only issue presented for decision was: “1. What is the date of commencement of tempora

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