v. WCAB (Butcher)
under Labor Code 5405.5
unpublished appeals
court decision
normally report on
unpublished decisions.
significance.
occurring on August 30, 1996.
applicant filed a "Petition to
Reopen for New and Further
Disability" ( Petition to Reopen).
temporary disability. It did not
include a request for vocational
rehabilitation. On July 10 2002,
nearly six years from the date of
injury, the applicant amended the
Petition to Reopen to include
vocational rehabilitation.
Board (WCAB) determined they
no longer had jurisdiction. The
applicant appealed the decision to
the Workers' Compensation
Judge (WCJ) who agreed, the
request for rehabilitation, was not
timely filed.
WCAB overturned the WCJ
decision finding the request was
timely filed. The defendant then
appealed to the appellate court.
regards to filing within five years
from the date of injury. The
court reviewed two appellate
decisions that found that Labor
five years from the date of injury
for the statute of limitations
period. ( Youngblood v. WCAB
(1989) and Sanchez v WCAB
(1990).
case, the subsequent amending of
the application then related back
to the original filing. Thus, even
though the request was made
after the five years in this case,
the request was found to be
timely.
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Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
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