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.
Applicant was found temporarily totally disabled from August 28, 2021 through February 9, 2022 based on Dr. Anand's reports, and on light duty thereafter per Dr. Anand and Dr. Abitbol. Applicant was off work again from June 5, 2023 through March 5, 2024 per Dr. Suarez. Defendant could not accommodate work restrictions, so applicant was entitled to temporary total disability benefits for 104 weeks.
From the decision · page 7Based upon the foregoing, applicant was temporarily totally disabled from August 28, 2021, to February 9, 2022 as per Dr. Anand. Thereafter, from February 10, 2022 through November 6, 2023 and ongoing, applicant was on light duty as per the findings of Dr. Anand and Dr. Abitbol. Arguably, applicant was off work and therefore temporarily totally disabled during the period from June 5, 2023 through March 5, 2024 as per the reports of Dr. Suarez.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was temporarily totally disabled from August 28, 2021 through February 9, 2022 based on Dr. Anand's reports.
Favours Applicant prevailed
This period established entitlement to temporary total disability benefits.
From the decision · page 7Based upon the foregoing, applicant was temporarily totally disabled from August 28, 2021, to February 9, 2022 as per Dr. Anand. Thereafter, from February 10, 2022 through November 6, 2023 and ongoing, applicant was on light duty as per the findings of Dr. Anand and Dr. Abitbol. Arguably, applicant was off work and therefore temporarily totally disabled during the period from June 5, 2023 through March 5, 2024 as per the reports of Dr. Suarez.
Applicant was on light duty from February 10, 2022 through November 6, 2023 per Dr. Anand and Dr. Abitbol's findings.
Favours Applicant prevailed
Supported partial disability and ongoing work restrictions affecting temporary disability entitlement.
From the decision · page 7Based upon the foregoing, applicant was temporarily totally disabled from August 28, 2021, to February 9, 2022 as per Dr. Anand. Thereafter, from February 10, 2022 through November 6, 2023 and ongoing, applicant was on light duty as per the findings of Dr. Anand and Dr. Abitbol. Arguably, applicant was off work and therefore temporarily totally disabled during the period from June 5, 2023 through March 5, 2024 as per the reports of Dr. Suarez.
Applicant was off work and temporarily totally disabled from June 5, 2023 through March 5, 2024 per Dr. Suarez's reports.
Favours Applicant prevailed
Confirmed additional period of temporary total disability.
From the decision · page 7Based upon the foregoing, applicant was temporarily totally disabled from August 28, 2021, to February 9, 2022 as per Dr. Anand. Thereafter, from February 10, 2022 through November 6, 2023 and ongoing, applicant was on light duty as per the findings of Dr. Anand and Dr. Abitbol. Arguably, applicant was off work and therefore temporarily totally disabled during the period from June 5, 2023 through March 5, 2024 as per the reports of Dr. Suarez.
Defendant could not accommodate applicant's work restrictions, as confirmed by testimony and WCJ report.
Favours Applicant prevailed
Supported entitlement to temporary total disability despite termination for cause argument.
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.
Applicant was taken off work and found temporarily totally disabled from August 28, 2021 through February 9, 2022, then placed on semi sedentary work restrictions from February 10, 2022 through March 30, 2023. If light work was unavailable, applicant was to be considered temporarily totally disabled.
Dr. Anand's reports supported temporary total disability findings for the specified period.
From the decision · page 2FACTS Applicant, while employed as a detailer for defendant during the period from June 17, 2019 through June 28, 2021, sustained industrial injury to his back and right shoulder. Applicant also sustained a specific June 17, 2019 industrial injury to his back. Applicant was treated by Dr. Veerinder Anand who took applicant off work during the period from August 28, 2021 through February 9, 2022 and placed him on semi sedentary work restrictions during the period from February 10, 2022 through March 30, 2023. (Exhibits 8-9.) Per Dr. Anand, applicant was to be considered temporarily totally disabled if light work was unavailable. (Exhibit 9.) On October 3, 2019, applicant was found permanent and stationary for the June 17, 2019 specific injury by orthopedic surgeon, Dr. Sohail Ahmad. (Exhibit A.) The parties ultimately retained Dr. Jean-Jacques Abitbol as the panel QME. During his initial August 1, 2022 evaluation, Dr. Abitbol confirmed that applicant's back was permanent and stationary for both, the specific and cumulative injuries. (Exhibit 3, pp. 12-13.) However, he did not find applicant's cumulative injury to the right shoulder to be permanent and stationary. (Ibid.)
Found applicant's back permanent and stationary for specific and cumulative injuries but right shoulder cumulative injury not permanent and stationary. Recommended right shoulder MRI and further treatment including potential surgery. Placed applicant on work restrictions.
Dr. Abitbol's findings supported light duty work restrictions and ongoing treatment needs, impacting temporary disability status.
From the decision · page 2FACTS Applicant, while employed as a detailer for defendant during the period from June 17, 2019 through June 28, 2021, sustained industrial injury to his back and right shoulder. Applicant also sustained a specific June 17, 2019 industrial injury to his back. Applicant was treated by Dr. Veerinder Anand who took applicant off work during the period from August 28, 2021 through February 9, 2022 and placed him on semi sedentary work restrictions during the period from February 10, 2022 through March 30, 2023. (Exhibits 8-9.) Per Dr. Anand, applicant was to be considered temporarily totally disabled if light work was unavailable. (Exhibit 9.) On October 3, 2019, applicant was found permanent and stationary for the June 17, 2019 specific injury by orthopedic surgeon, Dr. Sohail Ahmad. (Exhibit A.) The parties ultimately retained Dr. Jean-Jacques Abitbol as the panel QME. During his initial August 1, 2022 evaluation, Dr. Abitbol confirmed that applicant's back was permanent and stationary for both, the specific and cumulative injuries. (Exhibit 3, pp. 12-13.) However, he did not find applicant's cumulative injury to the right shoulder to be permanent and stationary. (Ibid.)
Took applicant off work from June 5, 2023 through March 5, 2024, supporting temporary total disability during that period.
Dr. Suarez's reports supported applicant's off work status and temporary total disability for the specified period.
From the decision · page 3Applicant was most recently seen by Dr. Ezequile Suarez who took applicant off work during the period from June 5, 2023 through March 5, 2024. (Exhibit 10.)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Chavira v. Workers' Comp. Appeals Bd. (1991) 235 Cal.App.3d 463; Herrera v. Workmen's Comp. Appeals Bd. (1969) 71 Cal.2d 254; Labor Code section 4657
Temporary disability indemnity is intended to substitute for lost wages during recovery; temporary total disability occurs when unable to earn any income; temporary partial disability occurs when able to earn some income but not full wages; wage loss compensation is based on probable earning ability if work is refused.
Applied to determine entitlement to temporary disability indemnity and the nature of temporary total and partial disability.
From the decision · page 5III. Turning now to the Petition, pursuant to Chavira v. Workers' Comp. Appeals Bd. (1991) 235 Cal.App.3d 463, 473 [56 Cal.Comp.Cases 631], "Temporary disability indemnity is intended primarily to substitute for the worker's lost wages, in order to maintain a steady stream of income." Temporary total disability occurs when an employee is unable to earn any income during the period of recovery. (Herrera v. Workmen's Comp. Appeals Bd. (1969) 71 Cal.2d 254, 257 [34 Cal.Comp.Cases 382].) Temporary partial disability occurs when an employee is able to earn some income during their recovery period but not full wages. (Id.) "If the employee is able to obtain some type of work despite the partial incapacity, the worker is entitled to compensation on a wage loss basis. (Lab. Code, § 4657.) If the partially disabled worker can perform some type of work but chooses not to, his `probable earning ability' will be used to compute wage-loss compensation for partial disability." (Huston v. Workers' Comp. Appeals Bd.
A defendant is liable only for wage loss due to industrial injury; termination for cause disqualifies temporary disability if wage loss is due to conduct, not injury; if no modified work is available, wage loss is due to injury.
Applied to assess whether termination for cause affects entitlement to temporary disability benefits.
What proof carried it
The evidence the panel weighed, by kind.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
- 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.
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