|Relevant Case Law
Note: WCAB has broad jurisdiction over rights, liabilities arising out of compensation.
Note: Appeals Bd. may not deny petition to reopen without hearing specifics of case.
Note: Case remanded to determine when applicant knew or should have known disability was work-related.
Note: Cum. injury C&R not set aside for want of sufficient consideration evident only after the fact.
Note: WCJ lacked jurisdiction to award temporary total disability.
Note: Board lacked jurisdiction to award benefits 5+ years post-injury.
Note: Doctor's letter to WCAB asking for adjustment in disability rating was valid petition for review, timely filed.
Note: Awkwardness in allegation does not restrict worker's right to compensation; Petition to Reopen need not request particular classification of compensation.
Note: Certain allegations in doctor's report are not 'good cause' to reopen a case.
Note: CA. Supreme Ct. rules that Sec. 5803 is still subject to Sec. 5804's strict limitation period.
Note: Referee's notice of increased award brought case within 5 yr. statute of limitations.
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.
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.
Note: Psychiatric injury 5 yrs.+ after original back injury not barred by statute of limitations.
Note: No WCAB continuing jurisdiction to award disability for hospitalization more than 5 years after injury.
Note: Board had no jurisdiction to increase award when no counterpetition was filed.
Note: WCJ has no jurisdiction to permit rescission of order of dismissal absent timely objection.
Note: Disqualification from voc rehab constitutes good cause to reopen case on permanent disability.
Note: [Unpublished] The WCAB may interpret and enforce a prior award.
Note: SB 899 apportionment rules apply to reopened cases seeking increased permanent disability regardless of date of injury.
Note: [Unpublished] The stipulations and order to comply was not a formal award requiring a petition for continuing jurisdiction under the Labor Code.
Note: [En Banc] The repeal of section 139.5 terminated any rights to vocational rehabilitation benefits or services pursuant to orders or awards that were not final before January 1, 2009, including those pending on or after that date, and effective January 1, 2009, the WCAB lost jurisdiction over non-vested and inchoate vocational rehabilitation claims, but the WCAB continues to have jurisdiction under sections 5502(b)(3) and 5803 to enforce or terminate vested rights.
Note: Applicant's stipulated award of 25% permanent disability shall be apportioned in accordance with Labor Code section 4664, but the calculation of the amount of permanent disability indemnity due after apportionment is deferred.