What the panel ordered
Petition for Reconsideration granted; prior Findings and Order rescinded; matter returned to trial level for further proceedings.
Applicant sought reconsideration of the Findings and Order issued on September 27, 2024, which denied further section 4850 benefits beyond 52 weeks; the WCJ recommended denial of reconsideration; the Appeals Board granted reconsideration and rescinded the prior Findings and Order, returning the matter to the trial level for further proceedings.
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.
The Appeals Board found that section 4850 benefits are payable on a daily basis for up to one year (365 days), not limited to 52 weeks, and that the employer cannot credit salary earned during part-time work against the 4850 benefits entitlement.
From the decision · page 2Applicant sustained injury in the form of presumptively compensable cancer. She lost time from work as a result of that injury. Specifically, she was totally disabled for the period October 31, 2022 through September 11, 2023. For this period, she received her full salary replacement pursuant to Labor Code § 4850. She was then returned to work on a part time basis, working 3 days a week and receiving 4850 benefits so that she received her full salary replacement: part from salary and part in 4850 benefits. Defendant ended this on October 27, 2023, at which point applicant had received 52 weeks of 4850 benefits - after which she received partial temporary disability benefits.