CompFox AI Summary
This case concerns an employer's appeal of a temporary total disability award beyond the five-year statute of limitations for an industrial injury. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings, finding that case law requires temporary disability to straddle the five-year anniversary of the injury. Specifically, a medical opinion is needed to determine if the applicant was temporarily disabled due to the industrial injury in January and February 2004, just before the five-year mark.
Full Decision Text1 Pages
This case concerns an employer's appeal of a temporary total disability award beyond the five-year statute of limitations for an industrial injury. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings, finding that case law requires temporary disability to straddle the five-year anniversary of the injury. Specifically, a medical opinion is needed to determine if the applicant was temporarily disabled due to the industrial injury in January and February 2004, just before the five-year mark.
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