California Labor Code § 4657

How panels applied this section

Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.

• ADJ19327586 · 2025-10-06 · Santa Rosa District Office§ 4657

  Determinative passage · p.10In cases of temporary partial disability, the disability payment is two-thirds of the wage loss during the disability. (Lab. Code, § 4654.) Wage loss is calculated by subtracting wages earned during the period of temporary partial disability from the employee's average weekly wage. (Lab. Code, § 4657.)

  The Board applied these statutes to explain the calculation of temporary partial disability benefits.

  Official decision · page 10 →
• ADJ14896429 · 2024-11-14 · Van Nuys District Office§ 4657

  Determinative passage · p.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.

  Applied to determine entitlement to temporary disability indemnity and the nature of temporary total and partial disability.

  Official decision · page 5 →
• ADJ15114251 · 2024-07-23 · San Francisco District Office§ 4657

  Determinative passage · p.4Sections 4453 and 4458 address how to compute an average weekly earnings. (Cal. Lab.

  Applied to calculate earnings and temporary partial disability benefits in this case.

  Official decision · page 4 →
• ADJ12900094 · 2022-03-04 · Fresno District Office§ 4657

  Determinative passage · p.1Contrary to defendant's assertion, we note that orthopaedic panel qualified medical examiner (PQME) Michael Klassen, M.D., found a period of temporary partial disability from November 27, 2019 to April 5, 2020. (Joint Exhibit Y, Dr. Klassen's 8/11/20 report, at p. 10.) If temporary partial disability is such that it effectively prevents an injured employee from performing any duty for which the worker is skilled or there is no showing by the employer that work was available and offered, the wage loss is deemed total and the injured worker is entitled to temporary total disability payments. (Lab. Code, § 4657; Pacific Employers Ins. Co. v. Industrial Acc. Com. (1959) 52 Cal.2d 417, 421 [24 Cal.Comp.Cases 144].)

  Applied to find applicant entitled to temporary total disability payments for the disputed period.

  Official decision · page 1 →