Torres, Isaac

Applicant Isaac Torres, a Fresno County deputy sheriff, attended two QME evaluations with Dr. James Sherman on August 24, 2023 and March 21, 2024 for claimed injuries to his right kidney (kidney cancer) and bilateral inguinal hernias. The parties stipulated that he was not labor disabled at the time of either evaluation, and defendant paid him at the regular temporary disability rate ($1,619) rather than the higher Labor Code section 4850 rate ($2,149). Applicant sought reconsideration of the WCJ's F&O finding he was not entitled to section 4850 benefits for attending the QMEs, arguing section 4850 fully replaces temporary disability for safety officers without a showing of disability. The Board denied reconsideration, holding that section 4600(e)(1) compensation for attending a medical evaluation is a medical-legal litigation cost paid at the TD rate, not a temporary disability benefit, and that section 4850 benefits replace TD only when the employee is incapacitated from work. Because applicant was not disabled or on leave of absence, he was entitled only to medical-legal reimbursement at the TD rate.