Home/Case Law/SASON COHEN vs. MORTON'S STEAKHOUSE, ESIS, Inc.
Regular DecisionReconsideration

SASON COHEN vs. MORTON'S STEAKHOUSE, ESIS, Inc.

Filed: May 20, 2011
ADJ1718605 (RIV 0018154)

CompFox AI Summary

In this workers' compensation case, the Appeals Board granted reconsideration, striking the award for additional temporary disability indemnity. The Board clarified that while jurisdiction exists to award temporary disability beyond five years from the injury date if a timely reopening petition is filed, this only applies to continuous disability that bridges the five-year mark. A new, non-continuous period of temporary disability arising more than five years after the injury, even with a timely filed petition, falls outside the Board's jurisdiction. The Board otherwise affirmed the original findings and award.

Full Decision Text1 Pages

In this workers' compensation case, the Appeals Board granted reconsideration, striking the award for additional temporary disability indemnity. The Board clarified that while jurisdiction exists to award temporary disability beyond five years from the injury date if a timely reopening petition is filed, this only applies to continuous disability that bridges the five-year mark. A new, non-continuous period of temporary disability arising more than five years after the injury, even with a timely filed petition, falls outside the Board's jurisdiction. The Board otherwise affirmed the original findings and award.

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SASON COHEN vs. MORTON'S STEAKHOUSE, ESIS, Inc. (2011) – | CompFox