Agaiby, Osama

Police captain Osama Agaiby sustained two industrial injuries: a specific injury on August 5, 2020 (neck, back, both shoulders, both knees) and a cumulative trauma bilateral carpal tunnel claim ending February 8, 2021. The WCJ awarded a full year of section 4850 salary continuation benefits in each case, even though the temporary disability periods overlapped. Defendant petitioned for reconsideration, arguing that section 4850 benefits should be credited against both dates of injury during overlapping periods so the applicant could not collect separate full years for each injury. The Board agreed with defendant, holding that section 4850 benefits run concurrently when an applicant is disabled due to the combined effect of multiple injuries. The Board rescinded both F&As and reissued them deferring the temporary disability and section 4850 benefit issues, returning the matters to the parties to adjust the periods of disability with jurisdiction reserved at the trial level.