Petition for Reconsideration by defendant was denied, affirming the award of temporary total disability benefits for the period from September 4, 2018, through October 23, 2018.
Issues decided
1
Medical opinions weighed
2
Authorities named
1
District office
Stockton
What the panel ordered
Petition for Reconsideration by defendant was denied, affirming the award of temporary total disability benefits for the period from September 4, 2018, through October 23, 2018.
Defendant sought reconsideration of the Opinion and Order granting Petition for Reconsideration and Decision after Reconsideration issued by the Appeals Board on July 22, 2021, which affirmed the May 4, 2021 Findings of Fact and Order, amending it to award temporary total disability benefits from September 4, 2018, through October 23, 2018.
The record showed no evidence that the applicant was released to regular duty or permanent and stationary before October 23, 2018, and the applicant was not working from September 4, 2018, through October 23, 2018, supporting the award of temporary disability benefits for that period.
From the decision · page 3
Private workspace
Your case already resembles someone else’s. Find whose.
Paste the dispute. The extractor builds the factors, the search finds the decisions the same facts won, and the matter stays saved. Free account.
ADJ11229378 — California WCAB decision · SimilarCase
DISCUSSION
Our review of the record indicates that there is no evidence that applicant was released to
regular duty, or that his right shoulder/right wrist condition was permanent and stationary prior to
the October 23, 2018 report from Dr. Robson. Also, as noted, Dr. Abelow testified that based on
the report from Dr. Robson, applicant was no longer temporarily totally disabled after October 23,
2018. Defendant is correct that applicant's modified duty, which ended September 3, 2018, was
due to his prior right knee injury, not his right shoulder/right wrist injury. However, applicant was
not working for the period from September 4, 2018, through October 23, 2018, the date that Dr.
Robson determined applicant's condition had become permanent and stationary, and the date that
Dr. Abelow testified that applicant was no longer temporarily totally disabled.
In our prior Opinion we denied applicant's claim for temporary disability indemnity
benefits from September 3, 2018, through September 3, 2020, and instead found that the benefits
were owed for the period from September 4, 2018, through October 23, 2018. Having again
reviewed the trial record we see no factual or legal basis for changing our prior Opinion.
Accordingly, we deny reconsideration.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was not working from September 4, 2018, through October 23, 2018, and was not released to regular duty or permanent and stationary status before October 23, 2018.
Favours Applicant prevailed
This fact supported the award of temporary disability indemnity benefits for that period.
From the decision · page 3DISCUSSION
Our review of the record indicates that there is no evidence that applicant was released to
regular duty, or that his right shoulder/right wrist condition was permanent and stationary prior to
the October 23, 2018 report from Dr. Robson. Also, as noted, Dr. Abelow testified that based on
the report from Dr. Robson, applicant was no longer temporarily totally disabled after October 23,
2018. Defendant is correct that applicant's modified duty, which ended September 3, 2018, was
due to his prior right knee injury, not his right shoulder/right wrist injury. However, applicant was
not working for the period from September 4, 2018, through October 23, 2018, the date that Dr.
Robson determined applicant's condition had become permanent and stationary, and the date that
Dr. Abelow testified that applicant was no longer temporarily totally disabled.
In our prior Opinion we denied applicant's claim for temporary disability indemnity
benefits from September 3, 2018, through September 3, 2020, and instead found that the benefits
were owed for the period from September 4, 2018, through October 23, 2018. Having again
reviewed the trial record we see no factual or legal basis for changing our prior Opinion.
Accordingly, we deny reconsideration.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
PTPRelied upon · orthopedics
Dr. Robson found the applicant's right shoulder and wrist condition to be permanent and stationary as of October 23, 2018, with no further therapy required and assigned work restrictions and whole person impairment.
Dr. Robson's Permanent and Stationary Report dated October 23, 2018, was relied upon to determine the end of temporary disability.
From the decision · page 2In the October 23, 2018 Permanent and Stationary Report, Dr. Robson stated:
AMERelied upon · orthopedics
Dr. Abelow testified that once the applicant was found permanent and stationary as of October 23, 2018, he was no longer temporarily totally disabled.
Dr. Abelow's deposition testimony confirmed that the applicant was no longer temporarily disabled after October 23, 2018.
From the decision · page 3Well, she [Dr. Navani] had reported that he was permanent and stationary, and
had given him restrictions. So at that point if the restrictions couldn't be
accommodated, he would be permanent and stationary and permanently
disabled. I'm not sure he would be continued temporarily disabled. Once you're
permanent and stationary, you're permanent and stationary.
Q. Okay. So if Dr. Robson found the applicant permanent and stationary as of
October 23rd, 2018, then that means he's no longer temporarily totally disabled
[sic]; correct?
A. Correct.
(Def. Exh. C, Dr. Abelow, November 12, 2020, deposition transcript, pp. 28 § 29 [EAMS pp. 6 § 7].)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Applied to determine entitlement to temporary disability indemnity benefits for the period from September 4, 2018, through October 23, 2018.
From the decision · page 3DISCUSSION
Our review of the record indicates that there is no evidence that applicant was released to
regular duty, or that his right shoulder/right wrist condition was permanent and stationary prior to
the October 23, 2018 report from Dr. Robson. Also, as noted, Dr. Abelow testified that based on
the report from Dr. Robson, applicant was no longer temporarily totally disabled after October 23,
2018. Defendant is correct that applicant's modified duty, which ended September 3, 2018, was
due to his prior right knee injury, not his right shoulder/right wrist injury. However, applicant was
not working for the period from September 4, 2018, through October 23, 2018, the date that Dr.
Robson determined applicant's condition had become permanent and stationary, and the date that
Dr. Abelow testified that applicant was no longer temporarily totally disabled.
In our prior Opinion we denied applicant's claim for temporary disability indemnity
benefits from September 3, 2018, through September 3, 2020, and instead found that the benefits
were owed for the period from September 4, 2018, through October 23, 2018. Having again
reviewed the trial record we see no factual or legal basis for changing our prior Opinion.
Accordingly, we deny reconsideration.
What proof carried it
The evidence the panel weighed, by kind.
work activityfavours Applicant prevailed
Applicant was not working from September 4, 2018, through October 23, 2018, and his modified duty ended September 3, 2018, due to a prior right knee injury, not the right shoulder/wrist injury.
From the decision · page 3DISCUSSION
Our review of the record indicates that there is no evidence that applicant was released to
regular duty, or that his right shoulder/right wrist condition was permanent and stationary prior to
the October 23, 2018 report from Dr. Robson. Also, as noted, Dr. Abelow testified that based on
the report from Dr. Robson, applicant was no longer temporarily totally disabled after October 23,
2018. Defendant is correct that applicant's modified duty, which ended September 3, 2018, was
due to his prior right knee injury, not his right shoulder/right wrist injury. However, applicant was
not working for the period from September 4, 2018, through October 23, 2018, the date that Dr.
Robson determined applicant's condition had become permanent and stationary, and the date that
Dr. Abelow testified that applicant was no longer temporarily totally disabled.
In our prior Opinion we denied applicant's claim for temporary disability indemnity
benefits from September 3, 2018, through September 3, 2020, and instead found that the benefits
were owed for the period from September 4, 2018, through October 23, 2018. Having again
reviewed the trial record we see no factual or legal basis for changing our prior Opinion.
Accordingly, we deny reconsideration.
Find decisions like this onePanel decision
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
If you are named in this decision and want this page removed, write to privacy@similarcase.com.