California Labor Code § 4654

How panels applied this section

Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.

• ADJ19327586 · 2025-10-06 · Santa Rosa District Office§ 4654

  Determinative passage · p.10In cases of temporary partial disability, the disability payment is two-thirds of the wage loss during the disability. (Lab. Code, § 4654.) Wage loss is calculated by subtracting wages earned during the period of temporary partial disability from the employee's average weekly wage. (Lab. Code, § 4657.)

  The Board applied these statutes to explain the calculation of temporary partial disability benefits.

  Official decision · page 10 →
• ADJ15114251 · 2024-07-23 · San Francisco District Office§ 4654

  Determinative passage · p.4Sections 4453 and 4458 address how to compute an average weekly earnings. (Cal. Lab.

  Applied to calculate earnings and temporary partial disability benefits in this case.

  Official decision · page 4 →
• ADJ9088316 · 2022-09-20 · Santa Ana District Office§ 4654

  Determinative passage · p.6III. Applicant contends that he is entitled to total temporary disability for the period from November 1, 2013, to December 6, 2016. Temporary disability connotes an inability to work and an inability to earn any income during the period when an employee is recovering from the effects of the injury. (§ 4654; Herrera v. Worker's Comp. Appeals Bd. (1969) 71 Cal.2d 254, 257 [34 Cal.Comp.Cases 382].) Here, applicant testified that following his career as a football player, he began a career in teaching, and eventually was employed as a high school vice principal and later a high school principal until his retirement in 2014. (10/31/2017 MOH, p. 6.) Applicant relies on the opinion of orthopedic QME Dr. Kim, as expressed in Dr. Kim's report of December 16, 2014. In this report, however, and in his December 16, 2016 report, Dr. Kim states under "Ability to Return To Work"

  Defines temporary disability as inability to work and earn income during recovery period.

  Official decision · page 6 →
• ADJ10210301 · 2021-09-24 · Bakersfield District Office§ 4654

  Determinative passage · p.5It has long been the law that if an injured worker receives UI benefits during a period of temporary total disability, the award of temporary disability indemnity will be reduced by the amount of UI benefits, and that the EDD will be reimbursed for those benefits. (Calif. Comp. Ins. Co. v. Ind. Acc. Comm. (Moore), (1954) 128 Cal.App.2d 797 [19 Cal.Comp.Cases 249]; see Anderson v. Cal. Motor Express (1967) 32 Cal.Comp.Cases 199, 200, 1967 Cal.Wrk.Comp. LEXIS 261; see also Lab. Code, § 4654.) There appears to be no dispute that prior to receiving the SDI benefits, applicant was paid UI benefits for the period from November 7, 2015, through February 6, 2016. (Def. Exh. 15.) The WCJ found that applicant was temporarily totally disabled for the period from October 23, 2015, through November 17, 2016. Thus, the overlap of benefits was from November 7, 2015, through February 6, 2016. Upon return of this matter it is appropriate that the parties determine the amount of UI benefits applicant received and based thereon,

  Applied to reduce temporary disability indemnity by UI benefits paid and order reimbursement to EDD.

  Official decision · page 5 →
• ADJ12448965 · 2021-06-25 · San Francisco District Office§ 4654

  Determinative passage · p.5An appropriate reading of Labor Code section 4654 leads to the conclusion that an award of temporary disability in the current circumstances is appropriate. In order to determine that an Applicant is not entitled to temporary disability, an evaluation of the causes of disability must be completed by the undersigned. The Court of Appeals has previously held "if some other ascertainable cause other than the injury substantially contributes to his inability to earn wages, such separate cause must be separately evaluated, and only the proportion chargeable to the industrial injury allowed as compensation. In such a case specific findings are required." Hardware Mut. Casualty Co. v. Workers' Comp. Appeals Bd., 253 Cal. App. 2d 62, 66. In Hardware the Court of Appeals determined the Applicant was not entitled to temporary disability benefits because the Applicant was discharged from employment for causes unrelated to his injury. As a matter of public policy, reading Hardware in a manner that awards the Applicant temporary disability is consistent with the Labor Code section 3202 mandate for liberal construction of the law in favor of the Applicant.

  Applied to determine that the Applicant is entitled to temporary disability benefits despite COVID-19 related business closure.

  Official decision · page 5 →