Is a plaintiff entitled to a temporary disability payment if they are unable to work?
California, United States of America
The following excerpt is from People v. Johns, E061814 (Cal. App. 2015):
he or she is incapacitated from working.'" (Edgar v. Workers' Comp. Appeals Bd. (1998) 65 Cal.App.4th 1, 10.) In other words, the temporary disability payments were a substitute for Officer Potts's lost wages. (Ibid.) Thus, the court properly ordered restitution for the wages lost because of the injuries she incurred. ( 1202.4, subd. (f)(d)(D).)
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