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PanelGranted in Part

Myran Torain — ADJ12026971

MYRAN TORAIN, Applicant vs. COUNTY OF SANTA CLARA/DEPARTMENT OF CORRECTION, permissibly self-insured, self-administered, Defendants

ADJ number: ADJ12026971
Decision date: Jul 1, 2021
District office: Stockton
WCJ: —
Claim administrator: County of Santa Clara/Department of Correction (permissibly self-insured, self-administered)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: low back, right hip, right groin, lumbar spine

LC §4650LC §4656LC §4850

Summary

Applicant Myran Torain, a correctional deputy, claimed two injuries to his low back and right hip: a cumulative trauma (ADJ11292969) and a specific injury on November 11, 2018 (ADJ12026971). Defendant, the County of Santa Clara, sought reconsideration of the WCJ's Amended F&O, which found a period of concurrent temporary disability and suggested the 104-week limitation could run consecutively between injuries. The Board confirmed that under Labor Code section 4656(c)(2), where separate injuries cause concurrent periods of temporary disability, the 104-week limitation runs concurrently rather than consecutively, citing Foster. However, because the trial record lacked sufficient medical evidence to determine the actual periods of temporary disability caused by each injury, the Board granted reconsideration, affirmed the F&O except to defer the concurrent/separate disability period issue, and returned the matter to the WCJ to develop the record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.