Gilbert, Paul

Paul Gilbert had two separate workers' compensation claims against two different employers: a January 26, 2022 injury while employed by MBS Holdings (ADJ15865162) and an April 7, 2021 left forearm/wrist injury while employed by CTD Radford Studios, permissibly self-insured and administered by Sedgwick (ADJ15865183). The WCJ found that applicant was entitled to 104 weeks of temporary disability from CTD/Sedgwick and that the TD period was stayed while applicant collected TD from the other employer in the MBS case. Defendant sought reconsideration arguing the two TD periods run concurrently under Labor Code section 4656. The Board granted reconsideration, holding that under Foster v. WCAB, where separate injuries cause concurrent periods of temporary disability, the 104-week limitation periods run concurrently. However, because only one case was submitted and the cases were not consolidated, the Board rescinded the F&O and remanded for further proceedings with separate findings of fact on the TD periods in each case.