Cnty. of San Diego v. Workers' Comp. Appeals Bd.

Good Law
21 Cal. App. 5th 1·229 Cal. Rptr. 3d 815
Court of Appeal of CaliforniaMarch 6, 2018D072648California4,326 words

Opinion

lead Opinion

Aaron, J.

*4 I.

INTRODUCTION

The question presented in this writ proceeding is straightforward. Is petitioner, County of San Diego (the County), correct that *5 Labor Code section 4656, subdivision (c)(2) 1 precludes respondent, Workers' *818 Compensation Appeals Board (the Board), from awarding respondent, Kyle Pike, temporary disability payments for periods of disability occurring more than five years after the date of the underlying injury that Pike suffered while working for the County? We conclude that the plain language of the statute indicates that the answer to this question is, "Yes." Section 4656, subdivision (c)(2) provides, "Aggregate disability payments for a single injury occurring on or after January 1, 2008, 2 causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury ." (Italics added.) Accordingly, we annul a Board order affirming a workers' compensation administrative law judge's order that awarded temporary disability benefits for periods of disability occurring more than five years after Pike's injury.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Pike's injury and the Board's permanent…

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