County of San Diego v. Workers' Comp. Appeals Bd.Annotate this Case
The question this appeal presented for the Court of Appeal centered on whether Labor Code section 4656(c)(2)1 precluded respondent, Workers' Compensation Appeals Board (the Board), from awarding respondent, Kyle Pike, temporary disability payments for periods of disability occurring more than five years after the date of the underlying injury that Pike suffered while working for San Diego County. The Court concluded the plain language of the statute indicated the answer to this question was, "Yes." Section 4656(c)(2) provided, "Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury." (Italics added.) Accordingly, the Court annulled a Board order affirming a workers' compensation administrative law judge's order that awarded temporary disability benefits for periods of disability occurring more than five years after Pike's injury.