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Case Name | Brooks v. WCAB | |
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Date | 04/18/2008 | |
Note | Under the current statutory scheme state employees are limited to a maximum of two years of combined temporary disability indemnity. | |
Citation | F053350 | |
WCC Citation | WCC 33462008 CA |
Brooks earned an average of $1,102. 99 per week as a correctional officer at the time of her injury. While Brooks thereafter remained totally temporarily disabled, SCIF stopped providing TD payments after two years from the date of her injury. Brooks petitioned the WCAB for reconsideration, claiming IDL is not TD because "IDL payments are made under different rules, to a limited class of employees, at different rates, and for different periods. "Brooks draws support for the proposition that a salary continuation benefit does not constitute TD from City of Oakland v. Workers. Accordingly, we conclude the WCAB appropriately decided Brooks was entitled to no more than one year of TD following the one year of IDL that she received.
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