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Case Name J.C. Penney v. WCAB
Date 07/07/2009
Note It is contrary to the spirit of section 4062 to permit a retrospective determination of a permanent and stationary date when to do so would be to allow a belated objection to a medical determination by the treating physician.
Citation C059760
WCC Citation WCC 35402009 CA
Petitioners J. C. Penney Company and its insurer American Home Assurance Company, adjusted by AIG Claim Services, (collectively J. C. Penney) contend that respondent the Workers' Compensation Appeals Board (WCAB) erred in limiting a credit for overpayment of temporary disability indemnity. The WCAB limited the requested credit on the ground that J. C. Penney failed to object, under Labor Code section 4062,*fn1 to the ongoing determinations of Edwards's treating physicians that he remained temporarily totally disabled. J. C. Penney argues that the WCAB erred because the treating physicians' determinations were based on an incorrect legal theory and do not afford substantial evidence of ongoing temporary disability. FACTUAL AND PROCEDURAL BACKGROUND On July 23, 2003, Edwards was on a ladder painting a J. C. Penney store in Sacramento. However, J. C. Penney offered no claim of good cause for failure to object in the WCAB proceedings. (1980) 111 Cal. App. 3d 827 (Maples). J. C. Penney replies that the factual record in this case does not support an estoppel. J. C. Penney has the more persuasive position.

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