Suppose you are an injured worker or a workers’ comp attorney litigating disputed temporary disability benefits in the state of California. In that case, there is some recent litigation that may be of interest to you. The case, Parody Versus Central Concrete Supply Company, centers on an employee who was hurt on the job, hurt again, and the insurance company tried to deny the claim by saying the injury was a temporary exacerbation of the earlier injury.
Therefore, they were asserting that they were under no obligation to pay for a second workers’ compensation claim.
Temporary Disability benefits are wage replacement payments issued when an injured employee is unable to work due to a work-related injury or illness. In California, these benefits fall under two categories:
As per California Labor Code §4650, payment of TTD must begin within 14 days after knowledge of a work-related injury if eligibility is confirmed.
Typically, TTD benefits are calculated at two-thirds of the employee’s average weekly earnings, subject to minimum and maximum state thresholds updated annually. For example, in 2024:
Payment continues until:
To receive TTD, you must meet at least one of the following criteria:
This case involves an individual who had already been awarded disability for a prior work-related injury. The same worker suffered another incident at work that aggravated the original injury.
Here’s where things get complicated: The insurance carrier argued the second incident was merely a temporary flare-up of the old condition and therefore not compensable as a new injury.
This argument hinges on the causation of disability, a legal nuance that is often misunderstood.
A central point of contention in this case was the distinction between:
The insurance company argued that since the original injury caused the underlying condition, any new disability was not independently compensable. However, California workers’ compensation law maintains that if a new workplace incident causes a material change, it may constitute a new injury regardless of whether it arises from the same anatomical location.
Legally, even a temporary aggravation that leads to medical treatment, work restrictions, or wage loss can trigger new eligibility for TTD.
This interpretation is vital in ensuring injured workers are not denied due compensation under incorrect assumptions about causality.
This case highlights the importance of accurately distinguishing between new compensable injuries and exacerbations of pre-existing conditions.
The court eventually determined the worker was entitled to a new round of temporary disability benefits, as the new incident altered his medical and functional condition significantly enough to be recognized independently.
Insurance companies frequently deny claims using a range of tactics:
Knowing the legal and procedural requirements and how to present medical evidence effectively can mean the difference between denial and approval.
To protect yourself, familiarize yourself with these critical WCAB and DWC forms:
Understanding and submitting the right forms at the right time can greatly increase the responsiveness of your claim to query pathways used by the system.
This is not an isolated incident. Many injured workers in California face the same arguments and misuse of medical semantics by insurance providers.
Workers with:
They are especially vulnerable to having legitimate claims denied based on ambiguity in diagnosis or disability status.
Yes. If the second incident worsens your condition or results in new treatment, it qualifies as a separate compensable injury.
Generally, you can receive TTD for up to 104 weeks within five years of the original date of injury.
Yes. If the work violates your doctor’s restrictions or causes further harm, you remain eligible.
Yes. California recognizes psychiatric injuries and work-induced mental conditions under Labor Code §3208.3, though more documentation is required.
Sometimes you have to look deeper into a claim because things aren’t always what they seem.
If you have a California workers’ compensation claim, don’t try to handle it yourself. This case could have turned out a completely different way, with the individual receiving no compensation for his second injury.
If your temporary disability benefits have been denied, especially in complex scenarios involving prior injuries, don’t delay. You may still be eligible for full compensation under California law.
Contact Michael Burgis & Associates today to schedule your free consultation. Our team will fight to ensure that your case is evaluated properly, your medical rights are preserved, and you get every dollar you deserve.
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