What the panel ordered
Findings and Award affirmed except amended to clarify permanent disability payments commence July 21, 2004, with credit to Defendant for temporary and permanent disability indemnity payments previously made; jurisdiction reserved to WCJ for disputes.
Petitions for reconsideration filed by both Applicant and Defendant; WCJ issued Reports and Recommendations; WCJ recommended denial of Applicant's petition and granting Defendant's petition for credit adjustments; WCAB issued decision after reconsideration affirming and amending the Findings and Award.
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.
No legal authority supports crediting attorney's fees paid in companion cases against this separate case; lien in companion cases not at issue here; Applicant has no standing to pursue that lien here.
The Board amended the Findings and Award to clarify permanent disability payments commence July 21, 2004, with credit to Defendant for temporary and permanent disability indemnity payments previously made, reserving jurisdiction to WCJ for disputes.
From the decision · page 3Regarding credit for temporary and permanent disability indemnity payments previously made, we also note that the Appeals Board has held that "[c]onstruing sections 4650 and 4661 together, if a defendant paid permanent partial disability payments to an applicant who becomes permanently totally disabled, the defendant must retroactively adjust the permanent disability payments to the correct rate." (Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550, 562 (Appeals Board en banc).) Upon an award of permanent disability, "the amount then due shall be calculated from the last date for which temporary disability indemnity was paid, or the date the employee's disability became permanent and stationary, whichever is earlier." (Lab. Code, § 4650(b)(2); Brower, supra, at 561, fn. 9.)
The permanent disability start date of July 21, 2004, the day after last temporary disability payment, is supported by stipulation and controlling en banc precedent Brower; Defendant is entitled to credit for payments made.
From the decision · page 12Here, I strongly disagree with Defendants. It was stipulated to on the record that the last payment of temporary disability was made in this case on 07/20/2004. The en banc decision in Warren Brower v. David Jones Construction (2014) 79 CCC 550 holds that when Applicant who is receiving permanent partial disability payments then becomes permanent and stationary and is determined to be permanently totally disabled, Defendant must pay permanent total disability retroactive to the date its statutory obligation to pay temporary disability terminated. Applicant received a last payment of temporary disability in this case on 07/20/2004. That has been stipulated to by the parties. Applicant received permanent disability advances (as evidenced by the benefits printout and Defendant's demand in their Petition for Reconsideration
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
No legal authority supports crediting attorney's fees paid in companion cases against this separate case; lien in companion cases not at issue here; Applicant has no standing to pursue that lien here.
Favours Defendant prevailed
This fact led to denial of Applicant's petition for credit of attorney's fees from companion cases.
Stipulated last payment of temporary disability was 07/20/2004.
Favours Applicant prevailed
Supported the permanent disability start date of July 21, 2004, as the day after last temporary disability payment.
From the decision · page 12Here, I strongly disagree with Defendants. It was stipulated to on the record that the last payment of temporary disability was made in this case on 07/20/2004. The en banc decision in Warren Brower v. David Jones Construction (2014) 79 CCC 550 holds that when Applicant who is receiving permanent partial disability payments then becomes permanent and stationary and is determined to be permanently totally disabled, Defendant must pay permanent total disability retroactive to the date its statutory obligation to pay temporary disability terminated. Applicant received a last payment of temporary disability in this case on 07/20/2004. That has been stipulated to by the parties. Applicant received permanent disability advances (as evidenced by the benefits printout and Defendant's demand in their Petition for Reconsideration
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.
Neurological evidence combined with psychiatric evidence supported 100% total permanent disability award; psychiatric evidence alone supported 40% permanent disability.
Award of 100% total permanent disability based on combined neurological and psychiatric evidence; psychiatric evidence alone would have supported 40%.
From the decision · page 6Applicant was awarded 100% total permanent disability based on the neurological evidence in combination with the psychiatric evidence presented at trial. Based on the psychiatric evidence alone, Applicant would have been awarded a 40% permanent disability.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
Labor Code section 5909
Petition for reconsideration deemed denied unless acted upon within 60 days of filing.
From the decision · page 2At the outset, we note that Labor Code section 5909 provides that a petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within 60 days of filing. (Lab. Code, § 5909.) Section 5315 provides the Appeals Board with 60 days within which to confirm, adopt, modify or set aside the findings, order, decision or award of a workers' compensation administrative law judge. (Lab. Code, § 5315.)
Labor Code section 5315
Labor Code section 5315
Appeals Board has 60 days to confirm, adopt, modify or set aside WCJ's findings, order, decision or award.
From the decision · page 2At the outset, we note that Labor Code section 5909 provides that a petition for reconsideration is deemed denied unless the Appeals Board acts on the petition within 60 days of filing. (Lab. Code, § 5909.) Section 5315 provides the Appeals Board with 60 days within which to confirm, adopt, modify or set aside the findings, order, decision or award of a workers' compensation administrative law judge. (Lab. Code, § 5315.)
Labor Code sections 4650 and 4661
Labor Code sections 4650 and 4661
Defendant must retroactively adjust permanent disability payments if permanent partial disability payments were made and applicant becomes permanently totally disabled.
From the decision · page 3Regarding credit for temporary and permanent disability indemnity payments previously made, we also note that the Appeals Board has held that "[c]onstruing sections 4650 and 4661 together, if a defendant paid permanent partial disability payments to an applicant who becomes permanently totally disabled, the defendant must retroactively adjust the permanent disability payments to the correct rate." (Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550, 562 (Appeals Board en banc).) Upon an award of permanent disability, "the amount then due shall be calculated from the last date for which temporary disability indemnity was paid, or the date the employee's disability became permanent and stationary, whichever is earlier." (Lab. Code, § 4650(b)(2); Brower, supra, at 561, fn. 9.)
Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550 (Appeals Board en banc)
Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550 (Appeals Board en banc)
Permanent disability payments commence from last date temporary disability indemnity was paid or date disability became permanent and stationary, whichever is earlier.
From the decision · page 3Regarding credit for temporary and permanent disability indemnity payments previously made, we also note that the Appeals Board has held that "[c]onstruing sections 4650 and 4661 together, if a defendant paid permanent partial disability payments to an applicant who becomes permanently totally disabled, the defendant must retroactively adjust the permanent disability payments to the correct rate." (Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550, 562 (Appeals Board en banc).) Upon an award of permanent disability, "the amount then due shall be calculated from the last date for which temporary disability indemnity was paid, or the date the employee's disability became permanent and stationary, whichever is earlier." (Lab. Code, § 4650(b)(2); Brower, supra, at 561, fn. 9.)
Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550 (Appeals Board en banc)
Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550 (Appeals Board en banc)
Permanent disability start date is day after last temporary disability payment; defendant entitled to credit for payments made.
From the decision · page 12Here, I strongly disagree with Defendants. It was stipulated to on the record that the last payment of temporary disability was made in this case on 07/20/2004. The en banc decision in Warren Brower v. David Jones Construction (2014) 79 CCC 550 holds that when Applicant who is receiving permanent partial disability payments then becomes permanent and stationary and is determined to be permanently totally disabled, Defendant must pay permanent total disability retroactive to the date its statutory obligation to pay temporary disability terminated. Applicant received a last payment of temporary disability in this case on 07/20/2004. That has been stipulated to by the parties. Applicant received permanent disability advances (as evidenced by the benefits printout and Defendant's demand in their Petition for Reconsideration
Labor Code section 4650(b)(2)
Labor Code section 4650(b)(2)
Amount due for permanent disability calculated from last date temporary disability indemnity was paid or date disability became permanent and stationary, whichever is earlier.
From the decision · page 12Here, I strongly disagree with Defendants. It was stipulated to on the record that the last payment of temporary disability was made in this case on 07/20/2004. The en banc decision in Warren Brower v. David Jones Construction (2014) 79 CCC 550 holds that when Applicant who is receiving permanent partial disability payments then becomes permanent and stationary and is determined to be permanently totally disabled, Defendant must pay permanent total disability retroactive to the date its statutory obligation to pay temporary disability terminated. Applicant received a last payment of temporary disability in this case on 07/20/2004. That has been stipulated to by the parties. Applicant received permanent disability advances (as evidenced by the benefits printout and Defendant's demand in their Petition for Reconsideration
What proof carried it
The evidence the panel weighed, by kind.
stipulated last payment of temporary disability was 07/20/2004
From the decision · page 12Here, I strongly disagree with Defendants. It was stipulated to on the record that the last payment of temporary disability was made in this case on 07/20/2004. The en banc decision in Warren Brower v. David Jones Construction (2014) 79 CCC 550 holds that when Applicant who is receiving permanent partial disability payments then becomes permanent and stationary and is determined to be permanently totally disabled, Defendant must pay permanent total disability retroactive to the date its statutory obligation to pay temporary disability terminated. Applicant received a last payment of temporary disability in this case on 07/20/2004. That has been stipulated to by the parties. Applicant received permanent disability advances (as evidenced by the benefits printout and Defendant's demand in their Petition for Reconsideration
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
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.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.