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