Temporary Disability Benefits Limited to 5 Years After Work Injury

An employee injured on the job was not entitled to temporary disability payments more than five years after the date of the original injury, the California Court of Appeal ruled.

While working as a deputy sheriff for the county of San Diego, the plaintiff injured his right shoulder on July 31, 2010. The Workers' Compensation Appeals Board granted him a 12 percent permanent disability award in May 2011.

The plaintiff filed a petition to reopen the matter on May 26, 2015. He contended that the disability from the injury worsened over time. Although the injury was old, the disabling effects were new, so in addition to the partial permanent-disability award, he sought temporary total-disability benefits based on the new ailments. The county, which paid the plaintiff temporary total-disability benefits through July 31, 2015, claimed that the workers' compensation law limited his temporary disability benefits to five years from the date of the injury.

Section 4656 (c)(2) of the California Labor Code provides that "aggregate disability payments for a single injury occurring on or after Jan. 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."

A workers' compensation judge (WCJ) awarded the additional benefits the plaintiff sought, and the appeals board affirmed. The county sought court review of the board's decision.

The court noted that the applicable statutory provision clearly states that temporary disability benefits may not be awarded for periods of disability occurring more than five years from the date of a worker's injury. Further, the court said, the legislative history supports the conclusion that the legislature intended to limit temporary disability benefits to five years from the date of the injury, as does prior case law interpreting an earlier similar provision.

The court reversed the board's decision, holding that the board erred in concluding that it could award the plaintiff temporary total-disability benefits for periods of disability occurring more than five years after his injury.

County of San Diego v. Workers' Compensation Appeals Board, Calif. Ct. App., No. D072648 (March 6, 2018).

Professional Pointer: The decisions of the WCJ and board held that an injured employee was entitled to temporary disability benefits for up to 104 weeks within a five-year period and unlimited benefits after that time. If that interpretation of the statute had withstood judicial review, it would have had a serious impact on the workers' compensation system in California.

Joanne Deschenaux, J.D., is a freelance writer in Annapolis, Md.

Was this article useful? SHRM offers thousands of tools, templates and other exclusive member benefits, including compliance updates, sample policies, HR expert advice, education discounts, a growing online member community and much more. Join/Renew Now and let SHRM help you work smarter.