ADJ15643990 · August 27, 2025

The Board held that section 4850 benefits run concurrently when the applicant is on disability due to multiple injuries, and the issues of temporary disability and section 4850 benefits were deferred for adjustment at the trial level.

From the decision · page 5is on disability due to the combined effect of multiple injuries. As the only issues on appeal are temporary disability and section 4850 benefits, we will rescind the F&As and reissue them deferring the issues of temporary disability and section 4850 benefits, and return these matters to the parties to adjust the periods of disability and section 4850 time, with jurisdiction reserved at the trial level in the event of a dispute.

Applicant's temporary disability periods for two injuries partially overlapped.

Favours Defendant prevailed

This overlap led to the Board's holding that section 4850 benefits run concurrently for multiple injuries.

From the decision · page 1The WCJ found, in pertinent part, that applicant was entitled to a full year of benefits pursuant to Labor Code1 section 4850 in ADJ15643990 and a second full year of benefits in ADJ13744962, notwithstanding the fact that the periods of applicant's temporary disability partially overlapped.

Took applicant off work on February 9, 2021, after injury on August 5, 2020.

From the decision · page 2the applicant was a police captain employed by Culver City. On August 5, 2020, during an exercise workout in the course and scope of his duties, the applicant fell forward with 75-pound weights strapped to his wrists, causing him to strike his face on the ground and to lose consciousness. The impact caused injuries to his neck, back, both shoulders, and both knees. (MOH/SOE pg. 3) the applicant was temporarily totally disabled for a couple weeks but returned to modified duties performing desk work. the applicant then was taken off work by Dr. Jae Chon February 9, 2021(Exhibit F). The applicant never returned to work. the applicant underwent left shoulder surgery on November 11, 2021. He was found maximally medically improved for these injuries February 7, 2023 by QME Dr. William Mealer (Exhibit EE).

Found applicant maximally medically improved for injuries from August 5, 2020 incident on February 7, 2023.

From the decision · page 2the applicant was a police captain employed by Culver City. On August 5, 2020, during an exercise workout in the course and scope of his duties, the applicant fell forward with 75-pound weights strapped to his wrists, causing him to strike his face on the ground and to lose consciousness. The impact caused injuries to his neck, back, both shoulders, and both knees. (MOH/SOE pg. 3) the applicant was temporarily totally disabled for a couple weeks but returned to modified duties performing desk work. the applicant then was taken off work by Dr. Jae Chon February 9, 2021(Exhibit F). The applicant never returned to work. the applicant underwent left shoulder surgery on November 11, 2021. He was found maximally medically improved for these injuries February 7, 2023 by QME Dr. William Mealer (Exhibit EE).

Concluded bilateral carpal tunnel syndrome was due to cumulative trauma, not the specific incident on August 5, 2020; amended temporary total disability start date to February 9, 2021.

From the decision · page 2the applicant sustained a cumulative trauma claim for the period May 1, 1994 to February 8, 2021 for bilateral carpal tunnel syndrome (MOH/SOE pg. 2). AME Steven Brourman noted that the applicant experienced some numbness and tingling following the specific incident on August 5, 2020, but the electrodiagnostic study (EMG/NCV) of the bilateral upper extremities performed on August 24, 2020, shortly after the specific incident of August 5, 2020 did not reveal carpal tunnel syndrome. However, the subsequent electrodiagnostic study dated January 31, 2022[ did show bilateral carpal tunnel syndrome. Dr. Brourman concluded that the bilateral carpal tunnel syndrome was not due to the specific incident but a work-related cumulative trauma (Exhibit AA). Initially, AME Dr. Brourman found that applicant was temporarily totally disabled as the result of the carpal tunnel syndrome beginning March of 2021 (Exhibit BB). It should be noted that the cumulative trauma claim was originally pled as May 1, 2004 to March 4, 2021. However, according to the evidence presented, the applicant was taken off work as of February 9, 2022 for the August 5, 2020 injury and he never returned to work. Therefore, there was no injurious exposure attributable to the bilateral carpal tunnel syndrome past February 8, 2021, and this is the proper end date of

Found applicant permanent and stationary for cumulative trauma injury on February 16, 2023.

From the decision · page 3the cumulative trauma injury. Dr. Brourman later amended his opinion as to the start date of temporary total disability to February 9, 2021 (Exhibit DD). The applicant was found permanent and stationary by both Dr. Keith Feder, the primary treating physician (Exhibit B), and Dr. Brourman, the Agreed Medical Evaluator (Exhibit BB) on February 16, 2023.

Labor Code section 4850

Section 4850 benefits run concurrently when applicant is on disability due to combined effect of multiple injuries.

The Board held that section 4850 benefits are concurrent for overlapping disabilities from multiple injuries.

From the decision · page 5is on disability due to the combined effect of multiple injuries. As the only issues on appeal are temporary disability and section 4850 benefits, we will rescind the F&As and reissue them deferring the issues of temporary disability and section 4850 benefits, and return these matters to the parties to adjust the periods of disability and section 4850 time, with jurisdiction reserved at the trial level in the event of a dispute.

Labor Code section 4656(c)(1)

Aggregate disability payments for a single injury causing temporary disability shall not exceed 104 compensable weeks within two years from commencement of temporary disability payments.

The Board discussed the limitation period for temporary disability indemnity payments for a single injury.

From the decision · page 4The language of section 4656(c)(1) is as follows: "Aggregate disability payments for a single injury occurring on or after April 19, 2004, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment." 3 (Italics added.) Thus, the language itself ties the temporary disability indemnity limitations period for any single injury to the temporary disability caused by that injury and starts the limitations period on the date of commencement of the temporary disability payments for such disability.

Applicant's temporary disability periods partially overlapped for two injuries.

From the decision · page 1The WCJ found, in pertinent part, that applicant was entitled to a full year of benefits pursuant to Labor Code1 section 4850 in ADJ15643990 and a second full year of benefits in ADJ13744962, notwithstanding the fact that the periods of applicant's temporary disability partially overlapped.