California Labor Codes 4656

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§§ 4656 Maximum period for temporary disability payments

History: Amended by Stats 2004, CH 34, effective 4/19/04 Amended by AB 338; effective 01-01-2008 (a) Aggregate disability payments for a single injury occurring prior to January 1, 1979, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury. (b) Aggregate disability payments for a single injury occurring on or after January 1, 1979, and prior to April 19, 2004, causing temporary partial disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury. (c) (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. (2) Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury. (3) Notwithstanding paragraphs (1) and (2), for an employee who suffers from the following injuries or conditions, aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 240 compensable weeks within a period of five years from the date of the injury: (A) Acute and chronic hepatitis B. (B) Acute and chronic hepatitis C. (C) Amputations. (D) Severe burns. (E) Human immunodeficiency virus (HIV). (F) High-velocity eye injuries. (G) Chemical burns to the eyes. (H) Pulmonary fibrosis. (I) Chronic lung disease.

Relevant Case Law Liberty Mutual Ins. Co. v. IAC Note: Award for further disability upheld despite exceeding 240-week post-injury time limit. Nickelsberg v. WCAB Note: WCJ lacked jurisdiction to award temporary total disability. Hartsuiker v. WCAB Note: No WCAB continuing jurisdiction to award disability for hospitalization more than 5 years after injury. Gamble v. WCAB Note: An employee's earnings from his second job are not a proper consideration in calculating an employer's liability for VRMA benefits. Foster v. WCAB Note: Where independent injuries result in concurrent periods of temporary disability, the 104-week / two-year limitation likewise runs concurrently. L.A. County Dept. of Parks v. WCAB Note: [Unpublished] The stipulations and order to comply was not a formal award requiring a petition for continuing jurisdiction under the Labor Code. Hawkins v. Amberwood Products Note: The limit of 104 compensable weeks within two years described in section 4656(c)(1) begins on the date temporary disability indemnity is first paid. Brooks v. WCAB Note: Under the current statutory scheme state employees are limited to a maximum of two years of combined temporary disability indemnity. Cortes v. WCAB (Cal. Dept. of Corrections) Note: [Unpublished] Because industrial disability leave (IDL) is statutorily defined as the equivalent of temporary disability (TD), then the two-year limitation under section 4656, subdivision (c)(1), necessarily must apply to both IDL and TD. Cruz v. Mercedes-Benz of San Francisco Note: 'Amputations,' as used in Labor Code section 4656(c)(2)(C) means the severance or removal of a limb, part of a limb, or other body appendage, including both traumatic loss in an industrial injury and surgical removal during treatment of an industrial injury.