CA 5th: No TTD if No Evidence of Prior Off Season Work

In an unpublished decision yesterday, the Fifth Appellate District of the California Court of Appeals ruled that a seasonal worker who sustained an industrial injury is not entitled to temporary disability for the period of time she would normally not be working and collecting EDD benefits without further, contradictory, substantial evidence.In Hortencia Acosta vs. WCAB (F044081, 04/15/04) Hortencia Acosta worked as a sorter for Basic Vegetable Products (Basic) since October 1998. In April 2000, Acosta filed a claim for workers' compensation benefits alleging she injured her spine, left shou...