CompFox AI Summary
The Appeals Board granted the defendant's petition for removal and dismissed the applicant's petition to reopen. The applicant's petition was filed before any award of permanent disability was made, and therefore, it did not meet the criteria for "new and further disability" under Labor Code Section 5410. The Board emphasized that the applicant's injuries were not a progressive disease, so the employer could not reserve jurisdiction for future permanent disability evaluation.
Full Decision Text1 Pages
The Appeals Board granted the defendant's petition for removal and dismissed the applicant's petition to reopen. The applicant's petition was filed before any award of permanent disability was made, and therefore, it did not meet the criteria for "new and further disability" under Labor Code Section 5410. The Board emphasized that the applicant's injuries were not a progressive disease, so the employer could not reserve jurisdiction for future permanent disability evaluation.
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