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1st DCA Schedules Oral Args for Dec. 18 in LC 4850 Spat

11/29/2012
total disability benefits does not apply to the industrial leave benefits described in LC 4850. Labor Code 4850 applies to firefighters police and sheriffs. The 104-week limitation on temporary total disability benefits is located in Labor Code 4656. In 2008 California's appellate courts

Category: News

Reopening of Case Tolls Claims Limitation

01/15/2007
The 104-week limitation on claims from the Special Disability Fund does not apply to a case that has been closed without a finding of permanent disability and then reopened the New York Court of Appeals ruled. Its finding applies even when the closure occurs more than 104 weeks after the date

Category: News

Reimbursement for QME Visit Not a Temporary Disability Payment

06/27/2012
1. In March 2009 Najjar began collecting temporary disability benefits. Zurich stopped making these payments in September 2009 based on the 104-week limitation period in Section 4656c1. This statute provided that " disability payments for a single injury occurring on or after April

Category: News

5th DCA Reinforces Industrial Disability Leave Ruling in Brooks

05/22/2008
end of the second year SCIF terminated payments stating that it had paid him two years of total temporary disability citing the 104-week limitation on total temporary disability benefits. Wiley requested a briefing with the workers' compensation judge about the relationship between industrial

Category: News

Court Clarifies TD Cap Limitation in Dual Injury Case

12/19/2008
In a case of first impression Florida's 1st District Court of Appeal ruled that a waitress who suffered two injuries is entitled to as much as 104 weeks of temporary disability benefits for each injury despite the employer's contention that the overall number of weeks should be reduced because

Category: News

1st DCA Grants Petition for Writ in Education Benefits Case

06/12/2008
substantially different from industrial disability leave benefits. In Salmon v. State of Cal. Dept. of Transportation the WCAB ruled that industrial disability leave benefits are the same as TTD benefits with regard to the 104-week limitation. The 5th District Court of Appeal has also ruled that industrial

Category: News

1st DCA Says TTD Is Subject to Statutory 401-Week Limitation

06/10/2014
The statutory 401-week limitation period for "temporary benefits" that existed in Florida law in 2002 applies to awards of temporary total disability benefits the 1st District Court of Appeal ruled. Case Holl v. United Parcel Service No. 1D13-2745 06092014 published. Facts Joseph

Category: News

WCAB Overturns Estoppel-Based Extension of TTD

01/08/2008
rescinding the judge's finding the WCAB stated There is an absolute and clear statutory two-year 104-week limitation on TDI and the Legislature's intent to limit temporary disability benefits was clearly stated in its amendment of Section 4656. The three-commissioner panel

Category: News

3rd DCA Grants Review to LC 4600 Payment Question

10/27/2010
The 3rd District Court of Appeal will decide whether a 64 payment for attending a qualified medical evaluation triggered the 104-week limitation on temporary disability benefits. The appellate court granted review to Meeks Building Centers v. WCAB on Oct. 15 which features a dispute about

Category: News

Payers Hoping for Appeal in Case that Invalidated TTD Cap

03/04/2013
Payers are nervously watching the Florida Attorney General's Office for plans to challenge an appellate court decision that invalidated the 104-week cap on temporary total disability benefits hoping that an appeal will postpone implementation of the ruling for at least a year or more. Florida

Category: News

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