What is the test for a temporary disability?

California, United States of America


The following excerpt is from Livengood v. Workers' Comp. Appeals Bd., A126139, ADJ1498865 [WCK 0071162], ADJ2618113 [WCK 0071164], ADJ3989369 [WCK 0071163] (Cal. App. 2010):

"A temporary disability is impairment reasonably expected to be cured or materially improved with proper medical care. [Citation.]" (Western Growers Ins. Co. v. Workers' Comp. Appeals Bd. (1993) 16 Cal.App.4th 227, 235.) "... Temporary disability indemnity serves as wage replacement during the injured worker's healing period for the industrial injury. [Citation.]...' " (Department of Rehabilitation v. Workers' Comp. Appeals Bd. (2003) 30 Cal.4th 1281, 1291.) An employer's obligation to pay temporary disability indemnity ceases when the injured employee either returns to work or is deemed able to return to work, or when the employee's medical condition achieves permanent and stationary status. (Id. at pp. 1291-1292.)

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