CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of temporary disability benefits. The Board held that Labor Code section 5410 bars claims for "new and further" temporary disability arising more than five years after the date of injury. Even though the applicant's petition to reopen was timely filed and medical reports indicated a potential future need for revision surgery, the period of actual temporary disability did not commence within the five-year window. Therefore, the applicant was not entitled to the awarded temporary disability indemnity.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of temporary disability benefits. The Board held that Labor Code section 5410 bars claims for "new and further" temporary disability arising more than five years after the date of injury. Even though the applicant's petition to reopen was timely filed and medical reports indicated a potential future need for revision surgery, the period of actual temporary disability did not commence within the five-year window. Therefore, the applicant was not entitled to the awarded temporary disability indemnity.
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