Christopher Ditto — ADJ11276804

Applicant Christopher Ditto sustained two separate industrial injuries while employed by Santiago Communities, Inc.: one on March 22, 2017 (ADJ11276803) and a second on September 28, 2017 (ADJ11276804). Defendant argued the September 2017 injury was merely an exacerbation of the earlier injury and that since it had already paid 104 weeks of temporary disability in the earlier case, it owed nothing further. The WCJ found applicant temporarily totally disabled only from May 12, 2019 through July 31, 2019. On reconsideration, the WCAB held that the September 28, 2017 injury was a separate and distinct injury, not an exacerbation, and that the 104-week TD cap runs separately for each injury. The Board amended the F&A to find applicant temporarily totally disabled from October 30, 2017 through November 8, 2019, and awarded additional TD indemnity from May 12, 2019 through September 27, 2019, plus a 15% attorney fee of $1,844.00.