Workers’ Compensation · Primary-source case analysis

Cruz: The Extended Temporary-Disability Rule for Amputations Covers External Body Parts

By Aneeta Mishra and Timothy Chan

Published May 21, 2026

Paul Cruz v. Mercedes-Benz of San Francisco addressed whether spinal disk material and hip bone removed during surgery triggered the longer temporary-disability period under section 4656(c)(2)(C).

The exception had a defined anatomical scope

Amputation meant severance or removal of a limb, part of a limb, or another body appendage.

Surgical removal could qualify

The term was not limited to traumatic loss at the moment of injury and could include qualifying removal during treatment.

Internal tissue did not qualify

Disk material and an internal bone graft were not external projecting body parts within the statutory meaning.

Severity could not rewrite the list

Even serious surgery did not permit the Board to add conditions the Legislature had not included among the extended-benefit exceptions.

Key takeaways

• Identify the exact tissue or body part removed.
• Match the facts to the statutory exception’s text.
• Distinguish external appendages from internal organs or tissue.
• Calculate the ordinary and extended benefit periods separately.