The Second Appellate District annulled and remanded a decision of the Workers’ Compensation Appeals Board. The court held that an employer’s duty to provide an employee notice of permanent disability indemnity is not triggered until the final temporary disability payment is made.
Randolph Cugini injured his back at work on June 18, 2004. Cugini began receiving temporary disability payments sometime during 2004. A December 2004 medical report stated that there was “a reasonable medical probability” that Cugini would be permanently disabled as the result of his injury. A medical report dated December 2005, after Cugini underwent surgery, stated conclusively that Cugini was permanently disabled, with significant restrictions on his ability to bend, lift, pull or push.
