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The Workers' Compensation Appeals Board rescinded a prior award finding new and further disability for the applicant. The Board determined that the applicant's worsened spinal condition, as evidenced by an EMG study, predated the initial stipulated award. Therefore, it was not new and further disability as required to reopen the case under Labor Code section 5410. The Board also found no other good cause to reopen, as the applicant could have discovered and presented the EMG evidence before the original award.
LEOPOLDO BENAVIDEZ vs. ANTONIO SANCHEZ, ALLSTATE, administered by SPECIALTY RISK SERVICES 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The Workers' Compensation Appeals Board rescinded a prior award finding new and further disability for the applicant. The Board determined that the applicant's worsened spinal condition, as evidenced by an EMG study, predated the initial stipulated award. Therefore, it was not "new and further" disability as required to reopen the case under Labor Code section 5410. The Board also found no other "good cause" to reopen, as the applicant could have discovered and presented the EMG evidence before the original award.
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