California Labor Codes 5410

California > Labor Codes

§§ 5410 Time limits for aggravated disabilities

Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation, including vocational rehabilitation services, within five years after the date of the injury upon the ground that the original injury has caused new and further disability or that the provision of vocational rehabilitation services has become feasible 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. The jurisdiction of the appeals board in these cases shall be a continuing jurisdiction within this period. This section does not extend the limitation provided in Section 5407.

Relevant Case Law Sanchez v. WCAB Note: Applicants' requests for vocational rehab. denied due to 1 year statute of limitations. Liberty Mutual Ins. Co. v. WCAB Note: Appeals Bd. may not deny petition to reopen without hearing specifics of case. Palmer v. WCAB Note: Case remanded to determine when applicant knew or should have known disability was work-related. Edgar v. WCAB Note: Applicant has right to produce evidence to explain or rebut medical reports. Edgar v. WCAB Note: Applicant has right to produce evidence to explain or rebut medical reports. Liberty Mutual Ins. Co. v. IAC Note: Award for further disability upheld despite exceeding 240-week post-injury time limit. Nickelsberg v. WCAB Note: WCJ lacked jurisdiction to award temporary total disability. Youngblood v. WCAB Note: Board lacked jurisdiction to award benefits 5+ years post-injury. Beaida v. WCAB Note: Doctor's letter to WCAB asking for adjustment in disability rating was valid petition for review, timely filed. Nicky Blair's Restaurant v. WCAB Note: Certain allegations in doctor's report are not 'good cause' to reopen a case. Zurich Ins. Co. v. WCAB Note: Referee's notice of increased award brought case within 5 yr. statute of limitations. J.T. Thorp, Inc. v. WCAB Note: An employee suffering from asbestosis may obtain reimbursement for predisability medical expenses and does not prohibit the board from awarding additional compensation for medical expenses or for disability manifesting itself more than five years after initial diagnosis or treatment. Aliano v. WCAB Note: Reopened b/c employer failed to properly present facts in original decision; Service of hospital records not required but their willful suppression is fraud. Newton v. WCAB Note: Psychiatric injury 5 yrs.+ after original back injury not barred by statute of limitations. Hartsuiker v. WCAB Note: No WCAB continuing jurisdiction to award disability for hospitalization more than 5 years after injury. Morgan v. WCAB Note: Objection to reopen waived by failure to recon; Board must describe all disability, up to evaluator to decide MDT vs duplication. Vargas v. WCAB Note: WCJ has no jurisdiction to permit rescission of order of dismissal absent timely objection. Cisneros v. WCAB Note: Where applicant was required to decline rehab. to get benefits of C&R, rehab. may be reopened. Hughes v. WCAB Note: Employer's breach of duty to file disability status report does not toll filing time limits. Custard v. WCAB Note: Letter requesting advisory PD rating is valid petition to reopen; procedural rules construed informally. Blanchard v. WCAB Note: Faulty petition to reopen valid when it gives notice of being based on alleged increased disability. Pizza Hut of San Diego, Inc. v. WCAB Note: Time limit for filing new and further disability extends until 5 years after employer last volunteered benefits. Visalia School District v. WCAB (Hernandez) Note: Written request for rehab. benefits not required; phone call to employer's claims administrator suffices. Martinez v. WCAB Note: Jurisdiction for VR benefits continues once properly established. Rodgers v. WCAB Note: Employer required to pay ordinary comp. benefits if applicant injured in voc. rehab. Target Stores v. WCAB Note: [Unpublished] The WCAB may interpret and enforce a prior award. County of San Bernardino v. WCAB Note: [Unpublished] Successive, specific industrial injuries to different parts of the body cannot be rated together simply because they share one date of injury. Vargas vs. Atascadero State Hospital Note: SB 899 apportionment rules apply to reopened cases seeking increased permanent disability regardless of date of injury. L.A. County Dept. of Parks v. WCAB Note: [Unpublished] The stipulations and order to comply was not a formal award requiring a petition for continuing jurisdiction under the Labor Code. General Foundry Service vs. WCAB (Jackson) Note: In cases of insidious, progressive diseases, the Board may tentatively rate the disability and reserve jurisdiction until P&S or until the permanent disability is 100%. Subsequent Injuries Fund v. Industrial Accident Commission and Lois A. Patterson Note: The disputed claim is covered by section 5410 and is not barred.