temporary disability includes IDL and
enhanced IDL
decision that was not
published.
decision involving
interpretation of Labor
limits temporary disability for a
single injury to 104 weeks within
a two year period.
worked for the California
Department of Corrections and
Rehabilitation. Instead of
collecting temporary disability,
the applicant elected to collect
This applicant was entitled to
"enhanced" IDL which is full net
take-home salary.
then temporary disability (TD)
for one year. The carrier cut off
benefits to the applicant claiming
the applicant had reached the 104
week level for TD under Labor
Code section 4656, subdivision c
(1).
Compensation Judge (WCJ)
found the enhanced IDL was in
addition to TD. The carrier filed a
petition for reconsideration and
the Workers' Compensation
Appeals Board (WCAB)
overruled the WCJ.
Cal. App 4
104 week rule. That court
concluded that employees were
entitled to two years of TD
which included IDL.
section 4850 time and not be
counted as TD. This court
indicated salary continuation
under section 4850 is different
than enhanced IDL. Therefore
enhanced IDL is within the two
year rule.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
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