What the panel ordered
The WCAB rescinded the Findings and Award issued by the WCJ on June 2, 2021, and returned the matter to the trial level for further proceedings consistent with the opinion.
Defendant sought reconsideration or removal of the Findings and Award issued by the WCJ on June 2, 2021, which found applicant entitled to temporary total disability from March 5, 2020 to present for the August 24, 2017 injury. The WCJ issued a Report recommending denial of defendant's petition. The WCAB granted reconsideration to further study factual and legal issues and rescinded the F&A, returning the matter to trial for further proceedings.
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 record was insufficient to determine if the periods of temporary disability for the two injuries overlapped, which affects the 104 compensable week cap for aggregate temporary disability payments. The WCAB rescinded the F&A and remanded for further development of the record on this issue.
From the decision · page 12The record indicates that applicant had work restrictions for both her right arm and back (i.e., for each specific injury) toward the end of 2017. However, we cannot determine based on the current record if the entire period during which she was paid temporary disability either by EDD or defendant for the April 28, 2017 injury (ADJ11064890) overlaps with period(s) during which she also had work restrictions with respect to the August 24, 2017 injury (ADJ11064901). Consequently, we will rescind the F&A and return this matter for further development of the record regarding whether the periods of temporary disability for the two injuries overlap.