ADJ14852118 — California WCAB decision

What the panel ordered

The WCAB granted reconsideration, amended the WCJ's decision to defer issues of temporary disability, EDD lien, permanent disability, attorney's fees, and date of injury for further proceedings.

Defendant sought reconsideration of the WCJ's Findings & Award & Order of April 16, 2025, challenging temporary disability award exceeding 104 weeks and attorney's fees issues; WCAB granted reconsideration and amended the decision to defer key issues for further development.

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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.

Other disputed issueRemanded

The WCJ's interpretation of attorney's fees payable on the entire temporary disability indemnity including EDD lien recovery was unclear and required further analysis and due process compliance with Labor Code section 4903.2.

From the decision · page 5first time, the WCJ invoked Labor Code section 4903.2 to state that she intended to impose an attorney's fee on the entire award of temporary disability indemnity, and that EDD's recovery should be reduced by the attorney's fee. Labor Code section 4903.2 states:

Other disputed issue

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The WCJ awarded 135 weeks of temporary disability payments, exceeding the 104-week limit set by Labor Code section 4656(c)(2).

Favours Defendant prevailed

This statutory limit violation required reconsideration and deferral of the temporary disability issue.

From the decision · page 3Turning to the merits, first addressing the issues raised by defendant in its Petition1, the WCJ erred in her apparent finding that defendant had liability for more than 104 weeks of temporary disability indemnity. Labor Code section 4656(c)(2) plainly states, "Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from

No medical evidence showed applicant was temporarily disabled on November 16, 2019, the start date of temporary disability awarded by the WCJ.

Favours Defendant prevailed

Lack of medical evidence at the start date undermines the temporary disability award and supports deferral for further development.

From the decision · page 4However, in the further proceedings, in addition to Labor Code section 4656(c)(2), the parties and the WCJ should reanalyze the entire issue of temporary disability. Although the WCJ found temporary disability commencing on November 16, 2019, we find no medical evidence that applicant was temporarily disabled on that date. The evidentiary record contains only a single page of a medical record from November 14, 2019 which does not mention temporary disability status or the need for any modified duties. The first medical evidence in the record of temporary total or partial disability is the November 15, 2021 report of primary treating physician Alex H. Etemad, M.D. who opined that applicant was unable to lift more than 15 pounds. The WCJ found applicant temporarily disabled during this period pursuant to the "odd lot" doctrine:

Employer was not clearly informed of work restrictions or given opportunity to offer modified work.

Favours Defendant prevailed

This uncertainty affects the application of the odd lot doctrine and temporary disability entitlement, supporting deferral.

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.

PTPRelied upon · orthopedics

Opined applicant was unable to lift more than 15 pounds as of November 15, 2021, supporting temporary disability under the odd lot doctrine.

Supports temporary disability claim and odd lot doctrine application.

From the decision · page 4However, in the further proceedings, in addition to Labor Code section 4656(c)(2), the parties and the WCJ should reanalyze the entire issue of temporary disability. Although the WCJ found temporary disability commencing on November 16, 2019, we find no medical evidence that applicant was temporarily disabled on that date. The evidentiary record contains only a single page of a medical record from November 14, 2019 which does not mention temporary disability status or the need for any modified duties. The first medical evidence in the record of temporary total or partial disability is the November 15, 2021 report of primary treating physician Alex H. Etemad, M.D. who opined that applicant was unable to lift more than 15 pounds. The WCJ found applicant temporarily disabled during this period pursuant to the "odd lot" doctrine:

QMERelied upon · orthopedics

Opined 15% of permanent impairment was due to non-industrial factors; later opined injury was cumulative trauma but did not perform apportionment analysis.

Medical opinion relevant to apportionment and permanent disability rating.

From the decision · page 5We will defer the issue of permanent disability so that the evidentiary record can be further developed on the issue of apportionment. We note that this case was initially presented as a specific injury occurring on November 15, 2019. Qualified medical evaluator David S. Kim, M.D. opined that 15% of applicant's permanent impairment was attributable to factors other than the industrial injury. (December 20, 2022 report at p. 9.) Primary treating physician Dr. Etemad found that 10% of applicant's impairment was due to non-industrial factors. (June 17, 2022 report at p. 8.) Subsequently, Dr. Kim opined that applicant's injury was a cumulative trauma. However, Dr.

ADJ14852118 · July 14, 2025

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

What the panel did with the medical opinions

The rules the panel named

What proof carried it

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