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The Appeals Board granted reconsideration, rescinding a prior award of temporary disability. The Board found that Labor Code section 5410 bars any new or further temporary disability benefits arising more than five years after the dates of injury, which applied to the applicant's claim from March 30, 2011, forward. However, the Board denied the defendant's request for a credit for overpaid temporary disability indemnity, finding insufficient proof and discretionary grounds for denial. The Board determined that while the defendant failed to prove entitlement to credit, the applicant could not receive new temporary disability benefits due to the statutory time limit.
JEFFREY DUNCAN vs. TOWN OF SCOTIA PACIFIC LUMBER is a workers' compensation case decided in . This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in .
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinding a prior award of temporary disability. The Board found that Labor Code section 5410 bars any new or further temporary disability benefits arising more than five years after the dates of injury, which applied to the applicant's claim from March 30, 2011, forward. However, the Board denied the defendant's request for a credit for overpaid temporary disability indemnity, finding insufficient proof and discretionary grounds for denial. The Board determined that while the defendant failed to prove entitlement to credit, the applicant could not receive new temporary disability benefits due to the statutory time limit.
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