Maria Hernandez — ADJ13905695

Maria Hernandez claimed multiple injuries while working as a clerk for Cardenas Markets and sought temporary disability indemnity for September 25, 2020 through April 27, 2021. The WCJ found she was not entitled to TD for that period and deferred the issue of TD from April 28, 2021 forward. Applicant argued defendant never made a valid offer of modified work and that she was entitled to TD after termination. The Board found the record lacked substantial evidence concerning the nature and physical demands of the modified work offered, whether the offer was updated per the treating physician reports, and whether applicant objected to the work restrictions or discussed her pain limitations with her physicians. The Board affirmed the F&O but amended Finding of Fact 1 to defer the entire September 25, 2020 through April 27, 2021 period and returned the matter to the WCJ for further development of the record.