ADJ22856965 · September 8, 2026

From the decision · page 4Turning to the merits, with regard to entitlement to temporary disability benefits beyond August 14, 2024, applicant essentially argues that defendant is estopped from relying on the permanent and stationary date in Dr. Feinberg’s report because defendant ignored Dr. Feinberg’s repeated opinion that applicant sustained industrial injury and compensable disability. 4 While we appreciate applicant’s rhetorical flourish, our decision must be based on the evidence in the record, and we have no power to punitively create further temporary disability because of unreasonable delays or bad faith litigation tactics. The Labor Code provides other remedies for this type of conduct (see, e.g., Lab. Code, §§ 5813, 5814). “[T]emporary disability indemnity is payable during the injured worker’s healing period from the injury until the worker has recovered sufficiently to return to work, or until his/her condition reaches a permanent and stationary status.” (Huston v. Workers’ Comp. Appeals Bd. (1979) 95 Cal.App.3d 856, 868 [44 Cal.Comp.Cases 798].) Here, Dr. Feinberg opined that applicant’s condition reached permanent and stationary status on August 13, 2024.

Applicant's condition reached permanent and stationary status on August 14, 2024, as found by Dr. Feinberg.

Favours Defendant prevailed

This date ended the period for temporary disability benefits.

From the decision · page 4Turning to the merits, with regard to entitlement to temporary disability benefits beyond August 14, 2024, applicant essentially argues that defendant is estopped from relying on the permanent and stationary date in Dr. Feinberg’s report because defendant ignored Dr. Feinberg’s repeated opinion that applicant sustained industrial injury and compensable disability. 4 While we appreciate applicant’s rhetorical flourish, our decision must be based on the evidence in the record, and we have no power to punitively create further temporary disability because of unreasonable delays or bad faith litigation tactics. The Labor Code provides other remedies for this type of conduct (see, e.g., Lab. Code, §§ 5813, 5814). “[T]emporary disability indemnity is payable during the injured worker’s healing period from the injury until the worker has recovered sufficiently to return to work, or until his/her condition reaches a permanent and stationary status.” (Huston v. Workers’ Comp. Appeals Bd. (1979) 95 Cal.App.3d 856, 868 [44 Cal.Comp.Cases 798].) Here, Dr. Feinberg opined that applicant’s condition reached permanent and stationary status on August 13, 2024.

Defendant unreasonably delayed payment of compensation for over one year despite Dr. Feinberg's reports confirming industrial injury and disability.

Favours Applicant prevailed

From the decision · page 5Dr. Feinberg authored numerous reports dated February 21, 2024, April 25, 2024 and May 15, 2024 indicating that applicant’s decades of work as a firefighter contributed to her condition. In August of 2024, Dr. Feinberg clearly indicated that despite other conditions and possible symptom magnification, there was clearly an industrial component to applicant’s injury, and that applicant’s injury had caused temporary disability spanning the entire period she was off work until the date of the report when she was found permanent and stationary. (August 13, 2024 report at p. 20.) Although this report was dated August 13, 2024, it apparently was not mailed to the parties until October 2, 2014. Nevertheless, liability was not accepted for over one year after receipt of this report. In a Labor Code section 5814 penalty case, “the burden is on the employer or carrier to establish the existence of a genuine doubt, from a medical or legal standpoint, as to its liability for the benefits to be advanced.” (Kerley v.

Found injury to lumbar and cervical spine and that applicant reached permanent and stationary status on August 14, 2024, with temporary disability spanning the entire period off work until that date.

The opinion was relied upon to determine the end date of temporary disability and the industrial injury component.

From the decision · page 11 The arbitrator did not issue any findings regarding applicant’s injury or dates of disability. We note that at trial, it appears that the parties stipulated only to injury to the low back (Transcript of May 27, 2026 arbitration at p. 5) despite the fact that independent medical evaluator physical medicine specialist Steven D. Feinberg found injury to both the lumbar and cervical spine (August 13, 2024 report at p. 20). Additionally, the arbitrator listed the date of injury as July 12, 2023, despite the fact that the medical record and the pleadings treat the injury as a cumulative injury.

Labor Code § 5814

The penalty was applied to the entire delayed compensation period including Labor Code section 4850 salary continuation benefits.

Huston v. Workers’ Comp. Appeals Bd. (1979) 95 Cal.App.3d 856

Temporary disability indemnity payable until permanent and stationary status is reached

Temporary disability benefits ended on the date applicant was found permanent and stationary by Dr. Feinberg.

From the decision · page 4Turning to the merits, with regard to entitlement to temporary disability benefits beyond August 14, 2024, applicant essentially argues that defendant is estopped from relying on the permanent and stationary date in Dr. Feinberg’s report because defendant ignored Dr. Feinberg’s repeated opinion that applicant sustained industrial injury and compensable disability. 4 While we appreciate applicant’s rhetorical flourish, our decision must be based on the evidence in the record, and we have no power to punitively create further temporary disability because of unreasonable delays or bad faith litigation tactics. The Labor Code provides other remedies for this type of conduct (see, e.g., Lab. Code, §§ 5813, 5814). “[T]emporary disability indemnity is payable during the injured worker’s healing period from the injury until the worker has recovered sufficiently to return to work, or until his/her condition reaches a permanent and stationary status.” (Huston v. Workers’ Comp. Appeals Bd. (1979) 95 Cal.App.3d 856, 868 [44 Cal.Comp.Cases 798].) Here, Dr. Feinberg opined that applicant’s condition reached permanent and stationary status on August 13, 2024.

Dr. Feinberg's repeated medical opinions confirming industrial injury and temporary disability until permanent and stationary status

From the decision · page 5Dr. Feinberg authored numerous reports dated February 21, 2024, April 25, 2024 and May 15, 2024 indicating that applicant’s decades of work as a firefighter contributed to her condition. In August of 2024, Dr. Feinberg clearly indicated that despite other conditions and possible symptom magnification, there was clearly an industrial component to applicant’s injury, and that applicant’s injury had caused temporary disability spanning the entire period she was off work until the date of the report when she was found permanent and stationary. (August 13, 2024 report at p. 20.) Although this report was dated August 13, 2024, it apparently was not mailed to the parties until October 2, 2014. Nevertheless, liability was not accepted for over one year after receipt of this report. In a Labor Code section 5814 penalty case, “the burden is on the employer or carrier to establish the existence of a genuine doubt, from a medical or legal standpoint, as to its liability for the benefits to be advanced.” (Kerley v.