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Case Name Foster v. WCAB
Date 04/17/2008
Note Where independent injuries result in concurrent periods of temporary disability, the 104-week / two-year limitation likewise runs concurrently.
Citation C056820
WCC Citation WCC 33452008 CA
A workers' compensation judge (WCJ) concluded Foster was entitled to two periods of temporary disability indemnity under section 4656(c)(1) for his injuries. The WCAB agreed that Foster was entitled to two periods of temporary disability, but disagreed that the periods should run consecutively. In subsequent workers' compensation proceedings, the WCJ determined that Foster was entitled to two periods of temporary disability benefits. According to the WCAB, the WCJ properly concluded Foster was entitled to two periods of temporary disability indemnity pursuant to section 4656(c)(1) because he suffered two injuries. The WCAB also agreed with the WCJ that Foster could not receive temporary disability indemnity concurrently for both injuries "in the sense that [Foster] cannot collect double benefits. "

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