Industrial Indemnity Co. v. Workers' Compensation Appeals Board

Petitioner Industrial Indemnity Company seeks review of the order of respondent Workers’ Compensation Appeals Board denying reconsideration of an order that petitioner pay to respondent Elvis Elizondo rehabilitation temporary disability indemnity during the period of his evaluation as a qualified injured worker under Labor Code section 139.5. We conclude that the Board’s order must be affirmed.

On June 4, 1981, Elvis Elizondo (applicant) sustained injury in the course of his employment as a journeyman taper by Raymond Interior Systems, insured by Industrial Indemnity Company (Industrial). The injury resulted in temporary disability from June 13, 1981, to October 8, 1981.

On October 8, 1981, Dr. Ching reported that applicant was able to return to work without restrictions. On October 24, 1981, Dr. Yamshon opined that applicant needed further medical care and was restricted in his activities based upon findings consistent with chondromalacia of the patella of applicant’s right knee. In November 1981, applicant initiated a written request to the rehabilitation bureau (Bureau) for vocational rehabilitation benefits.

In December 1981, all parties entered into a compromise…