Payment of temporary disability for compensable consequence claimed may not be allowed
- Posted By: Harvey Brown
- October 1, 2012
This is an Opinion and Order Granting Reconsideration
This is a very significant case for workers’ compensation principals.
The applicant suffered a compensable injury to his hands and wrists. The applicant then received temporary disability benefits.
The applicant suffered a separate injury to his right shoulder. The Worker’s Compensation Judge (WCJ) found the right shoulder to be a separate injury and awarded a separate 104 weeks of temporary disability.
Defendant filed a petition for reconsideration alleging that the second injury was a compensable consequence of the first injury and therefore, there should be no second 104 weeks of 104 weeks of temporary disability.
The Workers’ Compensation Appeals Board (WCAB) reversed the WCJ citing Easterman v. Bradley Friedman, M.D., Travelers Insurance Company and Gee v. WCAB. The applicant is not entitled to a separate 104 weeks of temporary disability for a compensable consequence. The WCAB rescinded the Order of the WCJ and substituted its own Order in the place of the WCJ Order.
The applicant was only allowed one 104 week period of temporary disability. This case was defended by Samuelsen, Gonzalez, Valenzuela & Brown.
Case: Stephen McLaughlin v. AIG