Stanley Holcomb, Jr., vs. The Pacific Lumber Company, Permissibly Self-insured,

The Pacific Lumber Company, Permissibly Self-Insured, was found liable for Stanley Holcomb Jr.'s temporary total disability due to an industrial injury to his back and bilateral knees. The Workers' Compensation Appeals Board affirmed the Findings and Award dated November 6, 2006, except that the Award was amended to provide that Holcomb was awarded temporary disability indemnity from July 25, 2004 to extend for no more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment. The issue of the date of commencement of temporary disability payment was deferred, with jurisdiction reserved if the parties cannot resolve the issue informally.

THE PACIFIC LUMBER COMPANY, Permissibly Self-Insured, STANLEY HOLCOMB, JR., WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTANLEY HOLCOMB, JR., Applicant,vs.THE PACIFIC LUMBER COMPANY, Permissibly Self-Insured,, Defendant(s).Case No. EUR 038931OPINION AND DECISIONAFTER RECONSIDERATION            On January 8. 2007 we granted reconsideration of applicant’s petition for reconsideration of the Findings and Award dated November 6. 2006, in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration.            Applicant, while employed as a lumber grader and debarker from July 25. 2003 through July 24, 2004, sustained industrial injury to his back and bilateral knees. After trial on August 23, 2006, the workers’ compensation administrative law judge (WCJ) issued a Findings and Award, finding that applicant was temporarily totally disabled and awarding him temporary disability indemnity at the rate of $513.85 per week from July 25, 2004 to July 25. 2006, less reimbursement to the Employment Development Department for benefits paid during that period, and less attorney’s fees. In his Opinion on Decision, the WCJ states that his finding of temporary disability was based upon medical reports and Labor Code section 4656(cXl)‘-            Petitioner contends that the limitation of aggregate disability payments for a single injury in section 4656(c)< 1 ) does not apply because he injured two separate body parts; because he sustained other industrial injuries, including an unspecified injury in 2002; because the commencement of temporary disability payments was "during the week of October 30, 2006.” when the first payment of temporary disability indemnity was made by the employer; and because section 4656(cXD is 1Unknown otherwise specified, all statutory references are to the Labor Code. , unconstitutional. Petitioner concedes that his average weekly earnings were $770.77. producing a tempo

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