California Labor Code § 4656

Determinative passage · p.5Defendant has filed a timely and verified petition for reconsideration wherein they dispute the Findings, Award and Order dated 05/27/2025 finding that defendant's revocation of authorization for Dr. Jerome Peterson, D.D.S./Guru Dentistry to treat applicant constitutes a bad faith action or tactic that is frivolous or solely intended to cause unnecessary delay pursuant to Labor Code section 5813 and Cal. Code of Regs., tit. 8, section 10421(a) and (b)(6); that Applicant is entitled to additional temporary disability for the period 01/10/2020 and continuing at a weekly rate to be adjusted by the parties with jurisdiction reserved up to the maximum allowed pursuant to Labor Code section 4656(c)(2) less amounts previously paid by defendant; that applicant sustained injury to urological and erectile dysfunction; and that applicant's attorney has performed services of a reasonable value of 15% of the temporary disability.

Applicant entitled to additional temporary disability benefits for specified period.

Determinative passage · p.1Defendant seeks reconsideration of the Joint Findings, Award & Order (FA&O) issued on August 11, 2022, by the workers' compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that applicant sustained industrial injuries on November 15, 2021 to her back and psyche (ADJ3590497), on April 23, 2002 to her neck, low back, left shoulder, left knee and psyche (ADJ2549459) and on February 21, 2003 to her neck, back, left shoulder and psyche (ADJ108951). The WCJ issued an award of temporary disability for (ADJ108951) from October 29, 2012 to April 6, 2016 and a joint award of 100% permanent disability with no basis for orthopedic apportionment.

Applied to defendant's contention regarding temporary disability benefits.

Determinative passage · p.5Temporary disability may be either total or partial. (Labor Code § 4653 and 4654.) Limits on temporary disability indemnity for the date of injury at issue are laid out in Labor Code section 4656(c)(2). For purposes of this discussion, it is worthwhile to look at the bulk of Labor Code section 4656, which states in relevant part:

The 104 compensable week cap on temporary disability indemnity includes both temporary total and temporary partial disability weeks.

Determinative passage · p.7Section 4850 provides that certain public safety employees may receive their full salary "in lieu of temporary disability payments... for the period of the disability, but not exceeding one year...." Salary continuation payments provided in section 4850 constitute aggregate disability payments that are subject to the 104-week limit in section 4656(c)(2). (County of Alameda v. Workers' Comp. Appeals Bd. (Knittel) (2013) 213 Cal.App.4th 278 [78 Cal.Comp.Cases 81].)

The Board applied this to limit the total period of temporary disability benefits.

Determinative passage · p.7However, defendant's argument fails to acknowledge and appreciate the plain meaning of the words used by the legislature in enacting Labor Code § 4656(c)(3)(F) which states:

Applied to determine eligibility for extended temporary disability benefits based on the nature of the eye injury.

Determinative passage · p.1On December 27, 2021, the defendant timely filed his Petition for Reconsideration (Petition) of the WCJ's decision. Defendant contends the WCJ's award of TTD was in excess of its powers and contravenes Labor Code section 4656(c)(2)2, the WCJ's failure to apportion permanent disability conflicts with the evidence and with existing law, and the WCJ's failure to

Applied to limit temporary disability period and allow credit for overlap.

Determinative passage · p.4The language of section 4656(c)(1) is as follows: "Aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment." 3 (Italics added.) Thus, the language itself ties the temporary disability indemnity limitations period for any single injury to the temporary disability caused by that injury and starts the limitations period on the date of commencement of the temporary disability payments for such disability.

The Board discussed the limitation period for temporary disability indemnity payments for a single injury.

Determinative passage · p.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

The WCJ's award of 135 weeks exceeded this statutory limit, requiring reconsideration and deferral.