California Labor Codes 5803

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§§ 5803 WCAB continuing jurisdiction

The appeals board has continuing jurisdiction over all its orders, decisions, and awards made and entered under the provisions of this division, and the decisions and orders of the rehabilitation unit established under Section 139.5. At any time, upon notice and after an opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor. This power includes the right to review, grant or regrant, diminish, increase, or terminate, within the limits prescribed by this division, any compensation awarded, upon the grounds that the disability of the person in whose favor the award was made has either recurred, increased, diminished, or terminated.

Relevant Case Law Schlick v. Comco Mgt., Inc. Note: WCAB has broad jurisdiction over rights, liabilities arising out of compensation. 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. Moyles v. WCAB Note: Cum. injury C&R not set aside for want of sufficient consideration evident only after the fact. 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. Bland v. WCAB Note: Awkwardness in allegation does not restrict worker's right to compensation; Petition to Reopen need not request particular classification of compensation. Nicky Blair's Restaurant v. WCAB Note: Certain allegations in doctor's report are not 'good cause' to reopen a case. Barnes v. WCAB Note: CA. Supreme Ct. rules that Sec. 5803 is still subject to Sec. 5804's strict limitation period. 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. Selden v. WCAB Note: Board had no jurisdiction to increase award when no counterpetition was filed. Vargas v. WCAB Note: WCJ has no jurisdiction to permit rescission of order of dismissal absent timely objection. LeBoeuf v. WCAB Note: Disqualification from voc rehab constitutes good cause to reopen case on permanent disability. Target Stores v. WCAB Note: [Unpublished] The WCAB may interpret and enforce a prior award. 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. Weiner v. Ralphs Company 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. Erickson v. Southern California Permanente Medical Group/Kaiser Permanente 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.