CompFox AI Summary
Applicant sought reconsideration of a WCAB decision denying jurisdiction to amend a prior award, arguing her RSD constitutes an insidious, progressive disease exempting it from the five-year statute of limitations. The Board denied reconsideration, finding the applicant failed to demonstrate her RSD met the criteria for an insidious, progressive disease as defined in General Foundry Service v. WCAB. Furthermore, the Board noted the original decision did not reserve jurisdiction and no timely petition to reopen was filed to address this possibility. Therefore, the WCAB lacked jurisdiction to amend the award over five years post-injury.
Full Decision Text1 Pages
Applicant sought reconsideration of a WCAB decision denying jurisdiction to amend a prior award, arguing her RSD constitutes an insidious, progressive disease exempting it from the five-year statute of limitations. The Board denied reconsideration, finding the applicant failed to demonstrate her RSD met the criteria for an insidious, progressive disease as defined in General Foundry Service v. WCAB. Furthermore, the Board noted the original decision did not reserve jurisdiction and no timely petition to reopen was filed to address this possibility. Therefore, the WCAB lacked jurisdiction to amend the award over five years post-injury.
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