In this issue...
Borges v. WCAB . . . . . . . 1
Vol. XI No.6
June 2005
COMPENSATION
NEWS
MONTHLY REPORT
You must have substantial evidence to
discontinue temporary disability
This is an
unpublished appellate
decision.
T
he question often arises
as to when you can
cease paying temporary
disability. This case presents an
interesting scenario.
The applicant had an
admitted specific injury and was
paid temporary disability benefits.
The applicant's treating physician
told the applicant to remain off
work until April 1, 2004.
The defense obtained a
Qualified Medical Examination
(QME) dated February 11, 2004.
The report indicated the applicant
was not yet permanent and
stationary, but the applicant could
return to his usual and customary
occupation.
The applicant was deposed
February 12, 2004, and
indicated the QME asked him if
he could return to work. The
applicant indicated he could. The
applicant indicated he was not an
expert.
The employer ceased
temporary disability payments on
February 13, 2004. The applicant
continued treatment with his
primary treating physician.
The applicant filed for an
expedited hearing because he did
not return to work. The Workers'
Compensation Judge (WCJ)
concluded that temporary
disability benefits could be
terminated by the employer on
February 12, 2004.
A petition for reconsideration
was filed and the Workers'
Compensation Appeals Board
agreed with the WCJ. The
applicant then filed a WRIT.
The appellate court indicated
there is no statutory definition of
temporary disability. It has been
defined by the courts.
Temporary disability is a
substitute for lost wages. The
court indicated you could not
bolster a medical opinion, not in
existence, with the applicant's lay
opinion. Therefore, there was no
substantial evidence,
========
Editor: Harvey Brown
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
Click here for printable version