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Labor Code section 4657(c)(1) states:

"Aggregate disability payments for a single injury occurring on or after the effective date of this subdivision, causing temporary disability shall not extend for more than 104 compensable weeks within a period of two years from the date of commencement of temporary disability payment."

The exceptions are contained in Labor Code section 4657(d)(2).

We find this provision very disturbing. Consider the following case:

A 40-year old construction worker injured his back on 09/29/2004. He was placed on light duty but was only able to work less than full-time. He worked on and off through 05/23/05.  He was paid wage loss TDI during some of this period. The first payment was made on 03/01/05 for period beginning 09/29/04.

The injured worker hired us on 05/23/06 and the insurance company started paying full

TDI beginning 05/23/06. The first full TDI check was issued on 06/05/06.

On August 28, 2006 he had a right shoulder surgery.

On 09/25/06, the insurance company wrote to the injured worker that TDI will stop because it has paid him through 09/27/06 and has therefore met the requirements of this law. He received a total of $11,972.08 for being disabled for two years.

We contend this is totally unfair. We have filed a request for Expedited Hearing and it is set for 11/29/06. We believe the injured worker is entitled to at least TDI for at least 5 more months because the first payment of TDI was made on 03/01/05.

We will keep you posted.

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