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DEPT. OF REHABILITATION v. WORKERS' COMPENSATION APPEALS BD.

No. S100557.

135 Cal.Rptr.2d 665 (2003)

30 Cal.4th 1281

70 P.3d 1076

DEPARTMENT OF REHABILITATION et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and Ronald Lauher, Respondents.

Supreme Court of California.

June 26, 2003.

Attorney(s) appearing for the Case

Richard Kriman, Robert W. Daneri and David M. Goi, San Francisco, for Petitioners.

Stephen D. Underwood, Santa Maria, and Teresa C. Eggemeyer, Santa Barbara, for CSAC Excess Insurance Authority as Amicus Curiae on behalf of Petitioners.

Paul, Hastings, Janofsky & Walker and Paul Grossman, Los Angeles, for California Employment Law Council as Amicus Curiae on behalf of Petitioners.

Jones, Day, Reavis & Pogue, Elwood Lui, Scott D. Bertzyk and John A. Vogt, Los Angeles, for Los Angeles County Metropolitan Transportation Authority as Amicus Curiae on behalf of Petitioners.

James J. Cunningham, San Diego; Siegel & Moreno, Lisa G. McLean and Robert D. Baker, San Diego, for Respondent Ronald Lauher.

William A. Herreras, Grober Beach, and Susan Silberman, Santa Ana, for California Applicants' Attorneys Association as Amicus Curiae on behalf of Respondent Ronald Lauher.

No appearance for Respondent Workers' Compensation Appeals Board.

WERDEGAR, J.

We address in this case two issues concerning the administration of the workers' compensation scheme in this state that have escaped definitive resolution. First, when an employee who has suffered an industrial injury returns to work following a determination the injury has become permanent and stationary, is the employee entitled to temporary disability indemnity (TDI) to compensate him for time off from...

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