Katherine Beard — ADJ1974387

Katherine Beard sustained an industrial injury on March 28, 2006, while employed by Walmart as a department manager. After being found permanently totally (100%) disabled with earnings of $612.10 per week, applicant sought reconsideration of the WCJ's order tying monetary benefits to the stipulated permanent and stationary date of February 26, 2014. The Board held that the date applicant initially received permanent disability indemnity benefits (September 13, 2006) controls the calculation of benefits owed, requiring retroactive adjustment of the partial disability payments to the proper total disability rate of $407.66 per week. The Board also held that COLAs commence January 1, 2007, the January 1 following the date applicant first became entitled to receive permanent disability indemnity. The Board rejected the argument that a single day of temporary disability paid for attending a medical-legal exam altered the analysis, finding it a medical-legal benefit rather than true temporary disability indemnity.