WCAB, Cavillo
disability after five years from date of
injury is not allowed
decision that was not
published.
decision involving
interpretation of Labor
The applicant received temporary
total disability (ttd) and was
found permanent and stationary
in 2002. The employer paid ttd
until 2002 and then paid a
vocational rehabilitation benefit
until 2003.
and performed lumbar surgery the
next day. The employer denied
ttd benefits on the grounds that
five years had elapsed since the
date of injury.
(WCJ) awarded ttd beginning in
2005. The WCJ also awarded a
5814 penalty of 25%. The
employer petitioned for
reconsideration. The Workers'
Compensation Appeals Board
(WCAB) affirmed the WCJ
decision except on the issue of
penalty.
jurisdiction under Labor Code
sections 5410, 5803 and 5804.
The court looked at Huston v.
WCAB (1979) 95 Cal. App. 3d
(1993) 12 Cal. App.4th 209 and
differentiated both cases.
award before the five years has
run. However, if the five years
has already expired and there is
no continuing jurisdiction there is
no additional ttd under Labor
Code section 4656. In this case
the ttd was reversed as well as
the penalty, since the applicant
had been permanent and
stationary at the conclusion of
the five years.
=================
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18881 Von
Karman # 250 Irvine 92612
Phone: 949 252-1300
Click here for printable version