BC STOCKING DISTRIBUTING, INC.; STATE COMPENSATION INSURANCE FUND, ROBERT McGRAW, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT McGRAW,, Applicant,vs.BC STOCKING DISTRIBUTING, INC.; STATE COMPENSATION INSURANCE FUND,, Defendants.Case No. SAC 0336811OPINION AND DECISIONAFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration of the September 6, 2006 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) determined that defendant satisfied its obligation under Labor Code section 4656(cXl) to pay 104 compensable weeks of temporary disability indemnity within a period of two years by finding that payment was made to applicant for the period of April 20, 2004 to April 27, 2006, and by ordering that he not receive any further temporary disability indemnity.1 In denying further payments, the WCJ implicitly concluded based upon a benefit printout received into evidence that the two year period described in section 4656(cXl) begins to run on the date for which temporary disability indemnity is first owed and not on the date on which benefits arc first paid.2 It is admitted that applicant incurred industrial injury to his head, neck, back, right wrist and right shoulder on April 2, 2004, while employed by defendant as a driver. Applicant contends that the limitations contained in section 4656 arc unconstitutional because it allows a defendant to terminate payment of temporary disability benefits to an injured I All further statutory references aretotheLabor Code.2 Section 4656(c)(1) provides in full: “Aggregate disability payments for a single injury occurring on or after the Ieffective date of this subdivision, causing temporary disability shall not extend for more than 104 compensable weeks , worker while the worker is temporarily disabled and that additional temporary disability indemnity should be awarded. I Wc will amend the decision of the WCJ to conform w
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