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5th DCA: Industrial Disability Leave Falls Within Two-Year TD Limitation
04/21/2008
temporary total disability benefits of 728 per week for another 52 weeks.
After that the employer stopped the payments even though Brooks remained totally disabled. In doing so it cited the 104-week limitation on temporary disability benefits in Labor Code Section 4656c1 which was part of the
Category: News
Appeals Court Will Review WCAB Decision on Disability Leave
11/20/2007
California's Fifth District Appellate Court will consider whether industrial disability leave benefits are included in the 104-week limit on temporary disability benefits after granting a writ of review on a Workers' Compensation Appeals Board decision made over the summer
Category: News
1st DCA Rejects Constitutional Challenge to Benefits Expiration
11/15/2021
said.
This statutory limitation on the payment of temporary benefits was abolished in 2003.
Under the 1997 version of Section 440.15 Doss would have been entitled to a maximum of 104 weeks in TTD benefits. However in a 2016 case called Westphal v. City of St. Petersburg the Florida Supreme
Category: News
New York Third Allows Reimbursement Claim
02/15/2006
' compensation law judge WCLJ held that the claim was filed in a timely manner finding that the relevant 104 week limitation does not apply where the case has been closed without a finding of permanency. The Special Disability Fund appealed arguing "that the board's interpretation arbitrarily revives the
Category: News
JCC Should Have Clarified Employer's TPD Obligation
10/19/2010
temporary partial disability benefits not exceeding 104 weeks of benefits. The employer appealed.
Analysis The 1st District Court of Appeal affirmed the judge's finding of entitlement to TPD for the periods requested but reversed and remanded because the judge did not determine how many weeks of TPD for
Category: News
3rd DCA: TTD Benefits Should Run Concurrently, Not Consecutively
04/18/2008
independent injuries result in concurrent periods of temporary disability the 104-week2-year limitation likewise runs concurrently. To determine the impact of Section 4656 in a case involving multiple injuries the evidence must be examined to determine whether any periods of temporary disability are
Category: News
Appellate Court Reviewing Five-Year Cap on TD Payments
10/26/2017
statute reveals two separate and distinct limitations First temporary disability payments cannot exceed 104 aggregate weeks; second the five-year limitation is stated in absolute language.
The California Workers Compensation Institute in an amicus brief filed Monday said the legislative history
Category: News
Costs Increased 3% Over 6 Years, but Court Decisions Could Trigger Additional Increases
05/10/2017
due process. The June 2016 Westphal decision ruled the states 104-week limitation on temporary total disability benefits unconstitutional on the grounds that the limitation denied a right of access to the courts.
Before the Castellanos decision Florida had a higher use of defense attorneys and a
Category: News
Worker Who Maxed Out on Temporary Benefits Failed to Prove He Was PTD
11/23/2015
St. Petersburg when she denied the requests for PTD benefits and for temporary benefits beyond the 104-week statutory limitation.
The 1st DCA's en banc decision in Westphal held that a claimant who remains totally disabled at the 104-week point should be deemed to be at maximum medical improvement
Category: News
Trucker Didn't File Designation Request Within Statute of Limitations
07/14/2009
applies for a hearing regarding a temporary disability claim and then withdraws his hearing request we would effectively invalidate the statute of limitation on catastrophic injury designation requests."
The court also noted that in 2003 Wilson's attorney did not use the form specifically designed
Category: News
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