Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4656(c)
Labor Code section 4656(c) regarding temporary disability benefits and amputation exception.
The statute extends temporary disability benefits to 240 weeks for amputations.
From the decision · page 8LABOR CODE SECTION 4565(c):
In relevant part, Labor Code section 4565(c) provides that,
(1) 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.
Cruz v. Mercedes-Benz of San Francisco (2007) 72 Cal.Comp.Cases 1281
Definition of amputation as severance or removal of a limb or part of a limb.
The Appeals Board defined amputation to include severance or removal of part of a limb, supporting the applicant's claim despite replantation.
From the decision · page 8In Cruz v. Mercedes-Benz of San Francisco, (2007) 72 Cal.Comp.Cases 1281, 1283
(Appeals Board en banc), the Appeals Board defined "amputation" as "the severance or removal
of a limb, part of a limb, or other body appendage." (Id. at p. 1286.) Subsequent cases have relied
on that definition when considering the issue of amputation and section 4565. For example, in
Julie Ramirez v. Workers' Comp. Appeals Bd. (2008) Cal.Comp.Cases 1120, 1122 (writ den.), the
Board stated that amputation required removal, by surgery or traumatic loss, of external projecting
body parts. Further, in Burrtech Waste Industries v. Workers' Comp. Appeals Bd. (Collinwood)
(2010) 75 Cal.Comp.Cases 1175 (writ den.), applied when the removal of breast implants left
applicant with a "chest that was essentially devoid of breasts, and whatever breasts were left were
seriously diminished in size... and were grossly disfigured." (Id. at p.
Renee J. v. Superior Court (2001) 26 Cal. 4th 735
Statutory interpretation principle that clear statutory language is enforced as written.
The statute's clear language mandates extension of temporary disability for amputations regardless of replantation.
From the decision · page 9Renee J. v. Superior Court (2001) 26 Cal. 4th 735, 743 says that when the language of a
statute is clear, it is enforced according to its terms. The statute states that when a part of the body
is amputated, the temporary disability period is extended.