WORKERS'COMP.

Shasta Convalescent Hospital v. Workers' Compensation Appeals Board

Good Law
132 Cal. App. 3d 997·183 Cal. Rptr. 602·1982 Cal. App. LEXIS 1684·47 Cal. Comp. Cases 628
Court of Appeal of CaliforniaJune 22, 1982Civ. 21140California2,105 words

Opinion

Opinion

Abbe, J.

We review a decision of the Workers’ Compensation Appeals Board (hereafter Board) which denied petitioners’ request for reconsideration and adopted the report of the workers’ compensation judge (hereafter judge). The judge had dismissed petitioners’ appeal from a decision of the Rehabilitation Bureau ordering petitioners to pay respondent Penny A. Jones (hereafter real party) temporary rehabilitation benefits for a period extending beyond the 240-week limitation contained in Labor Code section 4656.

Petitioners requested a writ of review which we granted. Petitioners contend temporary rehabilitation benefits pursuant to Labor Code section 139.5 are the equivalent of temporary disability benefits and, as such, subject to the 240-week limitation contained in Labor Code section 4656. We disagree.

Facts

On January 7, 1976, real party, a nurse’s aide employed by petitioner Shasta Convalescent Hospital, sustained an injury in the course of her duties. Petitioner Maryland Casualty Company began paying temporary disability benefits to real party on January 13, 1976. On June 5, 1979, real party’s treating physician declared her condition permanent and stationary and stated she…

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