What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by applicant seeking clarification on temporary disability periods and medical care delay; WCJ report and opinion adopted by WCAB panel denying reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Temporary disabilityDefendant prevailedleft shoulder · left arm · back
The WCJ and WCAB panel found that the two separate injuries caused overlapping temporary disability periods, and under Labor Code 4656(C)(1) and Foster v. WCAB, the 104 week cap runs concurrently, limiting total temporary disability benefits to 104 weeks.
From the decision · page 4placed on temporary disability thereafter. Benefits were paid commencing April 30, 2021. (See Defense Exhibit F, benefits paid report). He was seen 4 days later for the back injury and given work restrictions which his employer could not accommodate. Applicant was paid temporary disability for two years and then benefits were stopped pursuant to Labor Code § 4656(C)(1).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.