In Rodriguez v. Rubio's Restaurants, 2019 Cal. Wrk. Comp. P.D. LEXIS 231, the WCAB held that an applicant was not entitled to temporary disability (TD) benefits when a defendant offered her modified duty with her work restrictions after she resigned from employment. The applicant resigned Oct. 6, 2017, and received an offer of work dated Oct. 13, 2017. She never responded to the offer. The defendant paid TD benefits from Oct. 25, 2017, to May 1, 2018, but disputed liability for another period of TD starting Oct. 11, 2018. The WCAB explained that after an offer of modified duty, an applicant is no longer entitled to TD benefits, even if he or she does not accept the modified duty. It concluded that the defendant's offer of Oct. 13, 2017, precluded benefits from Oct. 11, 2018, and continuing, and that the defendant's payment of benefits from Oct. 25, 2017, to May 1, 2018, did not create any additional obligation to continue to offer modified duty
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