Home/Case Law/JAYNA POPOVICH vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND
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JAYNA POPOVICH vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

Filed: Apr 18, 2012
ADJ2927671 (SAC 0293121)

CompFox AI Summary

This case concerns an applicant diagnosed with Hepatitis C, an insidious disease, who filed a workers' compensation claim. A 2002 stipulation extended the Workers' Compensation Appeals Board's (WCAB) jurisdiction beyond five years for an insidious disease, but was interpreted by the WCAB to apply only to permanent disability. The Court of Appeal annulled the WCAB's denial of temporary disability benefits, holding the applicant suffered no disability until 2010, thus the statute of limitations began to run then. Consequently, the WCAB granted reconsideration, rescinded the prior order, and returned the case for further proceedings on the merits of the temporary disability claim.

Full Decision Text1 Pages

This case concerns an applicant diagnosed with Hepatitis C, an insidious disease, who filed a workers' compensation claim. A 2002 stipulation extended the Workers' Compensation Appeals Board's (WCAB) jurisdiction beyond five years for an insidious disease, but was interpreted by the WCAB to apply only to permanent disability. The Court of Appeal annulled the WCAB's denial of temporary disability benefits, holding the applicant suffered no disability until 2010, thus the statute of limitations began to run then. Consequently, the WCAB granted reconsideration, rescinded the prior order, and returned the case for further proceedings on the merits of the temporary disability claim.

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