David Goldstein — ADJ11229378

Applicant David Goldstein, a correctional officer, claimed temporary total disability (TTD) benefits for the period September 3, 2018 through September 3, 2020, based on injuries to his right shoulder, wrist, and hand sustained February 28, 2018. The WCJ found him not entitled to TDI benefits and applicant sought reconsideration relying on reports of Dr. Navani and an FCE by Chris Cake, D.C. The WCAB granted reconsideration and affirmed the F&O in part but amended it to award TDI for the limited period of September 4, 2018 through October 23, 2018, the date the right shoulder/wrist/hand condition became permanent and stationary per PTP Dr. Robson and confirmed by AME Dr. Abelow. The Board reasoned that once a condition becomes P&S, an employer's inability to accommodate work restrictions no longer renders an employee temporarily totally disabled. The Board also admonished applicant's counsel for substantial misrepresentation of the evidence, citing potential sanctions under Labor Code section 5813.