Workers’ Compensation · Primary-source case analysis

Cruz: The Amputation Exception Covers External Body Parts

By Aneeta Mishra and Timothy Chan

Published April 26, 2026

Cruz defines the scope of the statutory amputation exception that could extend temporary-disability indemnity beyond the ordinary cap.

A surgical removal raised the statutory question

The worker underwent surgery connected to an industrial injury and claimed that the procedure qualified as an amputation under Labor Code section 4656(c)(2)(C). The dispute required a workable definition of the undefined term.

Amputation includes traumatic and surgical loss

The Board used the ordinary meaning of amputation: severance or removal of a limb, part of a limb, or other external projecting appendage. The loss need not occur at the accident scene and can result from authorized surgery.

Internal organs are outside the definition

The Board distinguished external appendages from internal body parts even when the internal structure contains bone. The exception therefore does not reach every surgical removal.

Disposition

The WCAB announced the governing definition and applied it to the claimed condition. Entitlement still depends on proving the injury, procedure, disability period, and all other statutory elements.

Key takeaways

• Identify exactly what anatomical structure was removed.
• Document whether loss was traumatic or surgical.
• Apply the statute governing the injury date.
• Separate the exception from proof of ongoing temporary disability.