Payment of temporary disability for attending medical exam does not trigger 104 week cap rate

• Posted By: Harvey Brown
• August 1, 2012

The applicant suffered a compensable cumulative trauma injury. The applicant continued to work unrestricted duties at the employer. The applicant was sent to a panel Qualified Medical Examiner (QME).

The employer paid the applicant temporary disability for attending the QME appointment on September 11, 2007.

The applicant continued working until he was taken off work. He started collecting temporary disability (TD) March 17, 2009. In September 2009, the employer discontinued TD claiming the two year statute of paying TD had been reached.

The applicant filed for a hearing and the Workers’ Compensation Judge (WCJ) found the payments commenced in 2007 and the employer could discontinue in 2009.

On petition for reconsideration the Workers’ Compensation Appeals Board reversed and indicated that attending a medical exam alone does not commence the payments of TD.

The appellate court agreed and stated this payment is more of a med-legal payment.

Case: Meeks Building Center v WCAB

• Posted In: Medical Treatment