TERI SALDANA vs. MIKE THOMPSON’S RV SUPERSTORE; PACIFIC COMPENSATION INSURANCE COMPANY

This case is about Teri Saldana, who was employed by Mike Thompson's RV Superstore and suffered an industrial injury to her back on June 18, 2004. She was awarded 9% permanent disability and future medical treatment. She underwent two back surgeries in 2007 and 2008 and then filed a petition to reopen her case for new and further disability. The Workers' Compensation Appeals Board granted her petition for reconsideration and rescinded the April 30, 2012 Findings and Order, finding that her claim of new and further disability was not barred. The case was returned to the trial level for further proceedings.

MIKE THOMPSON’S RV SUPERSTORE; PACIFIC COMPENSATION INSURANCE COMPANY TERI SALDANA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERI SALDANA, Applicant,vs.MIKE THOMPSON’S RV SUPERSTORE; PACIFIC COMPENSATIONINSURANCE COMPANY, Defendants.Case No. ADJ3902353 (LAO 0847597)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the April 30, 2012 Findings and Order of the workers’ compensation administrative law judge (WCJ) who concluded that she did not petition to re-open her workers’ compensation case due to new and further disability within the five year period specified in Labor Code sections 5410 and 5804, and ordered that her petition is barred for that reason.1            It was earlier stipulated on March 5, 2007, that applicant incurred industrial injury to her back while employed by defendant as a detail manager on June 18, 2004, causing a period of temporary disability, 9% permanent disability and a need for future medical treatment.2            Applicant contends that the WCJ should have found that defendant had notice of her new and further disability within five years of the date of injury and that the report of an examining physician and 1 Further statutory references are to the Labor Code. Section 5410 provides in pertinent part as follows: “Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation.. .within five years after the date of the injury upon the ground that the original injury has caused new and further disability…because the employee’s medical condition has improved or because of other factors not capable of determination at the time the employer’s liability for vocational rehabilitation services otherwise terminated.”Section 5804 provides in pertinent part as follows: “No award of compensation shall be rescinded, altered, or amended after five years from the date of the injury except u

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