What the panel ordered
The Appeals Board granted defendant's Petition for Reconsideration, rescinded the WCJ's July 29, 2024 Findings and Order, and returned the matter to the trial level for further proceedings.
Defendant sought reconsideration of the Findings and Order issued on July 29, 2024, which the WCJ issued. The WCJ found applicant entitled to 104 weeks of temporary disability from defendant, with temporary disability stayed while applicant collected temporary disability from another employer in a different case. The WCJ filed a Report and Recommendation on Petition for Reconsideration recommending denial of reconsideration. The Appeals Board granted reconsideration and rescinded the WCJ's July 29, 2024 Findings and Order, returning the matter to the trial level for further proceedings.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 Appeals Board found that the 104-week limitation periods run concurrently for separate injuries causing concurrent temporary disability, but findings of fact must be made in each case, and the cases must be consolidated for hearing. Since only one case was submitted and no findings were made for the other case, the matter was remanded for further proceedings.
From the decision · page 4(Lab. Code, § 4656(c)(2).) Where separate injuries result in concurrent periods of temporary disability, the 104-week
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The 104-week limitation periods run concurrently for separate injuries causing concurrent temporary disability.
Favours neutral
This legal principle required findings of fact in each case and consolidation for hearing, which was not done, leading to remand.
From the decision · page 4(Lab. Code, § 4656(c)(2).) Where separate injuries result in concurrent periods of temporary disability, the 104-week
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4656(c)(2)
Labor Code section 4656(c)(2)
The Appeals Board applied this statute to determine that the 104-week limitation periods run concurrently for separate injuries causing concurrent temporary disability.
From the decision · page 4II. Pursuant to Labor Code section 4656(c)(2):
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About this page
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