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Case Name Wiley v. WCAB
Date 05/21/2008
Note [Unpublished] Whether or not enhanced IDL results in payment of full salary, payment of enhanced IDL benefits equals payment of temporary disability indemnity, for purposes of the section 4656(c)(1) limitation on temporary disability indemnity.'
Citation F053859
WCC Citation WCC 33712008 CA
-ooOoo- Alvin Wiley petitions for a writ of review to inquire into and determine the lawfulness of the decision of the Workers' Compensation Appeals Board (WCAB). Rules of Court, rule 8. 494. ) Wiley contends the WCAB erred in concluding a two-year limit on workers' compensation temporary disability (TD) benefits enacted as part of the 2004 workers' compensation reforms (Sen. Bill No. 899 (2003-2004 Reg. Following our recent decision in Brooks v. Workers' Compensation Appeals Board (2008) 161 Cal. App. 4th 1522 [75 Cal. Rptr. 3d 277] (Brooks), we conclude the WCAB appropriately limited Wiley to a combined total of two-years of enhanced IDL and TD benefits. The parties stipulated that Wiley nevertheless remained totally temporary disabled through the time of a May 3, 2007, workers' compensation hearing. Finding there was not any significant statutory distinction between regular and enhanced IDL, the WCAB disagreed with the WCJ and concluded Wiley was entitled to only 104 weeks of combined TD and enhanced IDL.

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