What the panel ordered
Petition for Reconsideration granted; matter returned to trial level for further proceedings solely to address reasonable attorney fees relating to the award of temporary total disability.
Defendant seeks reconsideration of the December 2, 2024 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, which granted reconsideration of the August 8, 2024 Findings, Award, and Orders and substituted a new FA&O awarding temporary total disability benefits.
This docket was decided more than once. Shown here is the latest released decision; we also hold December 2, 2024.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found that the applicant was entitled to temporary total disability benefits for the period from September 1, 2022 through April 26, 2023 and ongoing, subject to the 104 week cap, rejecting the defendant's argument that the applicant failed to meet her burden of proof to show intent to work after retirement. The matter was remanded solely to address reasonable attorney fees related to the award.
From the decision · page 1Defendant seeks reconsideration of our December 2, 2024 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration (O&O) wherein we granted reconsideration of an August 8, 2024 Findings, Award, and Orders (FA&O) and rescinded and substituted the FA&O with a new FA&O which found applicant was entitled to temporary total disability for the period from September 1, 2022 through April 26, 2023 and ongoing, subject to the 104 week cap under Labor Code1 section 4656(c)(2).