Can a temporary total disability be paid to an employee pursuant to a future medical treatment?

California, United States of America


The following excerpt is from Nickelsberg v. Workers' Comp. Appeals Bd., 285 Cal.Rptr. 86, 54 Cal.3d 288, 814 P.2d 1328 (Cal. 1991):

The majority indulge in an academic exercise that evades the issue and, accordingly, sheds no light on whether temporary total disability can be paid to an employee pursuant to an award of future medical treatment. Typically, medical treatment and disability indemnity are considered separate and distinct elements of compensation. (See maj. opn., ante, at pp. 89, 90, of 285 Cal.Rptr., at pp. 1331, 1332 of 814 P.2d.) Thus, for the purposes of assessing penalties (Burton v. Workers' Comp. Appeals Bd. (1980) 112 Cal.App.3d 85, 169 Cal.Rptr. 72) or assuring that an employee with asbestosis may get medical treatment before disability manifests itself (J.T. Thorp, Inc. v. Workers' Comp. Appeals Bd. (1984) 153 Cal.App.3d 327, 200 Cal.Rptr. 219), courts properly draw a distinction between these classes of benefits. However, the fact that they are different classes of benefits does not determine the issue that has been placed squarely before the court today: May temporary total disability indemnity that results directly from covered medical treatment be awarded incident to an award of future medical treatment?

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