Scott Diehl — ADJ20709426

Applicant Scott Diehl, an executive chef, sustained an industrial injury to his right arm, wrist, and hand on August 3, 2024, with work restrictions of no gripping, grasping, twisting, or lifting more than 5 pounds. The WCJ found he was accommodated without wage loss from August 3, 2024 through October 25, 2024, but was not provided appropriate modified work from October 26, 2024 through April 8, 2025, awarding temporary partial disability benefits for that period. Defendant sought reconsideration, arguing applicant resigned for non-industrial reasons and, as a self-supervising employee, voluntarily exceeded his restrictions. The Board denied reconsideration, holding that the employer never made a bona fide written offer of modified work, never set parameters for accommodation, and that all defense witnesses observed or suspected applicant working beyond his restrictions. The Board further held that applicant's resignation was tied to his deteriorating physical health caused by the industrial injury and thus could not bar temporary disability.