Home/Case Law/Vincent Ward vs. Morley Construction, National Union Fire Insurance Company
Regular DecisionRegular Panel Decision

Vincent Ward vs. Morley Construction, National Union Fire Insurance Company

Filed: Jun 03, 2016
Santa Barbara
ADJ4637128 (GOL 0093729)

CompFox AI Summary

In this workers' compensation case, the defendant sought reconsideration of a prior award granting temporary disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and ruled that the applicant was barred from claiming new and further temporary disability. This decision was based on Labor Code section 5410, which limits claims for "new and further" disability to five years from the date of injury. The Board clarified that a new award of temporary disability, especially after a prior award was terminated, constitutes a "further" award subject to this five-year limitation.

Full Decision Text1 Pages

In this workers' compensation case, the defendant sought reconsideration of a prior award granting temporary disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and ruled that the applicant was barred from claiming new and further temporary disability. This decision was based on Labor Code section 5410, which limits claims for "new and further" disability to five years from the date of injury. The Board clarified that a new award of temporary disability, especially after a prior award was terminated, constitutes a "further" award subject to this five-year limitation.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Vincent Ward vs. Morley Construction, National Union Fire Insurance Company (2016) – Santa Barbara | CompFox