Zurich American Insurance
temporary disability runs concurrently for
multiple injuries
decision that was
published.
decision involving
interpretation of Labor
limits temporary disability for a
single injury to 104 weeks within
a two year period.
Both injuries contributed to the
applicant's temporary disability.
entitled to one or two periods of
temporary disability.
applicant was entitled to a
separate and distinct 104 weeks
of temporary disability after the
first 104 weeks was paid.
Workers' Compensation Appeals
Board (WCAB) disagreed with
the WCJ and indicated there is
only one period and the 104
weeks runs concurrently.
4656 (c) (1). The court looked at
legislative intent. They looked at
SB 899. They indicated this was
urgency legislation. The
legislation was to provide relief
from the current workers'
relieve a perceived crisis in
skyrocketing costs.
Labor Code section 4656 to be a
significant narrowing of costs. If
they followed the WCJ opinion
this could lead to many periods
of temporary disability based on
the number of injuries the
applicant filed. They did not
believe this is what the legislature
intended. The legislature intended
there only be one period of 104
weeks no matter how many
injuries were reported.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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