Bay Area Court Upholds Constitutionality of TD Cap

A California appellate court upheld the constitutionality of the legislative cap on temporary disability benefits in an unpublished decision. The San Jose-based 5th District Court of Appeal held that reduction of the benefit under the 2004 workers' compensation reform was within the Legislature's constitutional authority. Equipment operator Donald Gunzenhauser sought additional temporary disability benefits past the two-year statutory limit because his injuries were not permanent and stationary after he reached the 104-week period. "Gunzenhauser fails to persuade this court that r...