What the panel ordered
Petition for Reconsideration is denied.
Defendants filed a Petition for Reconsideration of the Findings of Fact and Award dated July 21, 2022, which corrected a scrivener's error in the temporary disability rate but did not change the disability period. The WCJ issued a report recommending denial of the petition, which the Board adopted.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board affirmed the WCJ's award of temporary disability from April 8, 2021 through June 24, 2021, despite defendant's argument for a later start date, because the applicant testified to working modified duties during April 8-15, 2021 but did not amend the claim or provide evidence to alter the period.
From the decision · page 4The continuous trauma is pled August 4, 2008 through April 8, 2001. The applicant testified at trial, on or about April 8, 2021, Dr. James Kwok gave her work restrictions. (MOH/SOE, page 3, lines 12, 13) This is consistent with Joint Exhibit 1, the report of Dr. James Kwok dated April 8, 2021. (eams number 75524196) the applicant testified thereafter, she was still going into work, but doing modified work "for about a week," doing modified duties "until approximately April 15 or 16." She was working at CTC Fit Monitoring and IAS (Inmate Answering Services). (MOH/SOE, page 3, lines 17 - 18). On cross-examination, the witness confirmed she did work "between April 8, to April 15." ((MOH/SOE, page 5, line 15)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant testified she worked modified duties between April 8 and April 15, 2021, but did not amend the claim or provide evidence to change the temporary disability period.
Favours Applicant prevailed
This testimony supported affirming the temporary disability period starting April 8, 2021, despite defendant's argument for a later start date.
From the decision · page 4The continuous trauma is pled August 4, 2008 through April 8, 2001. The applicant testified at trial, on or about April 8, 2021, Dr. James Kwok gave her work restrictions. (MOH/SOE, page 3, lines 12, 13) This is consistent with Joint Exhibit 1, the report of Dr. James Kwok dated April 8, 2021. (eams number 75524196) the applicant testified thereafter, she was still going into work, but doing modified work "for about a week," doing modified duties "until approximately April 15 or 16." She was working at CTC Fit Monitoring and IAS (Inmate Answering Services). (MOH/SOE, page 3, lines 17 - 18). On cross-examination, the witness confirmed she did work "between April 8, to April 15." ((MOH/SOE, page 5, line 15)
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
On April 8, 2021, Dr. Kwok gave work restrictions to the applicant related to her bilateral wrist injury.
Applicant testified that Dr. Kwok gave work restrictions on April 8, 2021, which is consistent with his report dated the same day.
From the decision · page 4The continuous trauma is pled August 4, 2008 through April 8, 2001. The applicant testified at trial, on or about April 8, 2021, Dr. James Kwok gave her work restrictions. (MOH/SOE, page 3, lines 12, 13) This is consistent with Joint Exhibit 1, the report of Dr. James Kwok dated April 8, 2021. (eams number 75524196) the applicant testified thereafter, she was still going into work, but doing modified work "for about a week," doing modified duties "until approximately April 15 or 16." She was working at CTC Fit Monitoring and IAS (Inmate Answering Services). (MOH/SOE, page 3, lines 17 - 18). On cross-examination, the witness confirmed she did work "between April 8, to April 15." ((MOH/SOE, page 5, line 15)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code provisions governing temporary disability benefits
The Board applied Labor Code provisions to affirm the award of temporary disability benefits for the period April 8, 2021 through June 24, 2021.
From the decision · page 4The continuous trauma is pled August 4, 2008 through April 8, 2001. The applicant testified at trial, on or about April 8, 2021, Dr. James Kwok gave her work restrictions. (MOH/SOE, page 3, lines 12, 13) This is consistent with Joint Exhibit 1, the report of Dr. James Kwok dated April 8, 2021. (eams number 75524196) the applicant testified thereafter, she was still going into work, but doing modified work "for about a week," doing modified duties "until approximately April 15 or 16." She was working at CTC Fit Monitoring and IAS (Inmate Answering Services). (MOH/SOE, page 3, lines 17 - 18). On cross-examination, the witness confirmed she did work "between April 8, to April 15." ((MOH/SOE, page 5, line 15)
What proof carried it
The evidence the panel weighed, by kind.
Applicant's testimony about working modified duties between April 8 and April 15, 2021
From the decision · page 4The continuous trauma is pled August 4, 2008 through April 8, 2001. The applicant testified at trial, on or about April 8, 2021, Dr. James Kwok gave her work restrictions. (MOH/SOE, page 3, lines 12, 13) This is consistent with Joint Exhibit 1, the report of Dr. James Kwok dated April 8, 2021. (eams number 75524196) the applicant testified thereafter, she was still going into work, but doing modified work "for about a week," doing modified duties "until approximately April 15 or 16." She was working at CTC Fit Monitoring and IAS (Inmate Answering Services). (MOH/SOE, page 3, lines 17 - 18). On cross-examination, the witness confirmed she did work "between April 8, to April 15." ((MOH/SOE, page 5, line 15)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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