CompFox AI Summary
This case concerns an applicant who sustained a right shoulder injury in 2003 and was awarded temporary disability indemnity for a new period of disability in 2015. The defendant challenged this award, arguing the Board lacked jurisdiction to grant temporary disability more than five years after the injury date, as the applicant had not been continuously disabled. The majority of the Board denied reconsideration, adopting the WCJ's report. However, a dissenting commissioner argued that Labor Code section 4656 and prior case law preclude jurisdiction for a new temporary disability period initiated more than five years post-injury, especially when disability was not continuous.
Full Decision Text1 Pages
This case concerns an applicant who sustained a right shoulder injury in 2003 and was awarded temporary disability indemnity for a new period of disability in 2015. The defendant challenged this award, arguing the Board lacked jurisdiction to grant temporary disability more than five years after the injury date, as the applicant had not been continuously disabled. The majority of the Board denied reconsideration, adopting the WCJ's report. However, a dissenting commissioner argued that Labor Code section 4656 and prior case law preclude jurisdiction for a new temporary disability period initiated more than five years post-injury, especially when disability was not continuous.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.