What the panel ordered
Petition for Reconsideration denied.
Applicant seeks reconsideration of the Findings of Fact and Orders issued by the WCJ on August 9, 2021, which found temporary total disability (TTD) periods and awarded additional temporary disability indemnity (TDI) benefits.
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 prevailedcervical spine · lumbar spine · coccyx · hips · right shoulder · psychiatric
The periods of temporary total disability for the two injuries overlapped and ran concurrently under Labor Code section 4656(c)(2), so the applicant was not entitled to separate 104 week awards for each injury.
From the decision · page 4There is no language in Labor Code section 4656 (c)(2) stating that the limitations periods will not run concurrently where multiple injuries cause an overlap, either partial or complete, during periods of temporary disability. The statute does not toll the period during which a worker is entitled to temporary disability benefits based on another injury. As stated by the Third District Court of Appeal, where separate injuries result in concurrent periods of temporary disability, the 104 week limitation periods run concurrently. (Foster v. Workers' Comp. Appeals Bd., (2008) 161 Cal.App.4th 1505 [73 Cal.Comp.Cases 466].)