Daily Blast - September 18, 2019 - Lewis Brisbois Bisgaard & Smith LLP

Today, the Sixth District Court of Appeal held that a worker who has returned to work full time after an injury is not entitled to temporary disability indemnity (TDI) for time lost from work to attend appointments for medical treatment. (Skelton v. Workers’ Comp. Appeals Bd. (Sept. 16, 2019, H046249) __ Cal.App.5th __ (Skelton).) The worker in Skelton “admit[ted] that she returned to work full time after her injuries. She subsequently took time off from work because she could not schedule medical treatment during nonwork hours. She apparently began to suffer wage loss after using all her sick and vacation time.” (Slip opn., p. 12.) Because the worker’s “injuries did not render her incapable of working during the time she took off from work and suffered wage loss, [she] was not entitled to TDI for that time off or wage loss.” (Ibid.)