Margaret L. Hester, vs. County Of Los Angelesiusc Medical Center; Tristar Risk Management,

In this case, the County of Los Angeles/USC Medical Center and Tristar Risk Management were sued by Margaret L. Hester for workers' compensation. The issue was whether the date of commencement of temporary disability payment was the issuance of the first temporary disability check or the date for which temporary disability was first paid. The Workers' Compensation Appeals Board affirmed the award, ruling that the date of commencement of temporary disability payment was the date on which temporary disability indemnity was first paid.

COUNTY OF LOS ANGELESIUSC MEDICAL CENTER; TRISTAR RISK MANAGEMENT, MARGARET L. HESTER, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARGARET L. HESTER,, Applicant,vs.COUNTY OF LOS ANGELESIUSC MEDICAL CENTER; TRISTAR RISK MANAGEMENT,.Defendant(s).Case Nos.VNO 0497522OPINION AND DECISIONAFTER RECONSIDERATION            On February 9, 2007, we granted defendant’s petition for reconsideration of the Findings and Award dated November 17, 2006, wherein the workers’ compensation administrative law judge (WCJ) awarded temporary disability indemnity from June 16, 2004 through October 31, 2004 and from April 18, 2006 through August 24, 2006, in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration. We affirm the award.            Applicant, while employed as an L.V.N. on April 19, 2004, sustained an industrial injury to her upper and lower back. On September 6, 2005 she received a stipulated award of temporary disability indemnity from January 3, 2005 to January 10 2005, and from March 16, 2005 to June 20. 2005. At trial on November 8, 2006, the parties stipulated that she was also temporarily totally disabled from June 16. 2004 through October 31, 2004 and from April 18, 2006 through August 24, 2006. The issue submitted for decision was whether “date of commencement of temporary disability payment” pursuant to Labor Code section 4656(c)(1)’ means the issuance of the first temporary disability check (which was February 14, 2005) or the date for which temporary disability is first paid (which was June 16, 2004)1 2. 1 Unless otherwise specified, all statutory references are to the Labor Code.* See Minutes of Hearing, page 2. ,             The WCJ decided that commencement of temporary disability payment means the date on which temporary disability indemnity is first paid and awarded additional temporary disability indemnity through August 24, 2006, more than two years from the first d

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