Foster

In this case we consider the appropriate application of Labor Code section 4656, subdivision (c)(1) (hereafter section 4656(c)(1)), which limits payment of workers’ compensation temporary disability benefits for a single injury to 104 compensable weeks within a two-year period, to situations where multiple independent industrial injuries result in temporary disability.

Donald Foster was injured at work in two separate incidents in February and April 2005. Both injuries contributed to Foster’s temporary disability. A workers’ compensation judge (WCJ) concluded Foster was entitled to two periods of temporary disability indemnity under section 4656(c)(1) for his injuries. As to Foster’s first injury, occurring in February 2005, the WCJ awarded him temporary disability benefits from April 2005, when he became temporarily disabled, until September 2006, when the first injury became permanent and stationary. As to Foster’s second injury, occurring in April 2005, the WCJ awarded him temporary disability benefits commencing in September 2006, after the period attributable to his first injury ended. The Workers’ Compensation Appeals Board (WCAB) granted reconsideration of the…