Home/Case Law/MALCOLM CHISUM vs. BROWN INTERNATIONAL, LIBERTY MUTUAL INSURANCE
Regular DecisionReconsideration

MALCOLM CHISUM vs. BROWN INTERNATIONAL, LIBERTY MUTUAL INSURANCE

Filed: Apr 17, 2019
San Francisco
ADJ2522693 (POM 0260474)

CompFox AI Summary

The applicant sustained a lumbar spine and bilateral lower extremities injury on October 4, 2001, for which he received a stipulated settlement. Subsequently, the applicant sought additional temporary disability indemnity, arguing his temporary disability commenced within five years of the injury and has been continuous. However, a prior order found the applicant permanent and stationary on February 23, 2015, which remains a binding final order. Therefore, the Board affirmed the prior finding, determining it lacks jurisdiction to award further temporary disability benefits as the applicant cannot establish continuous temporary disability post-February 23, 2015.

Full Decision Text1 Pages

The applicant sustained a lumbar spine and bilateral lower extremities injury on October 4, 2001, for which he received a stipulated settlement. Subsequently, the applicant sought additional temporary disability indemnity, arguing his temporary disability commenced within five years of the injury and has been continuous. However, a prior order found the applicant permanent and stationary on February 23, 2015, which remains a binding final order. Therefore, the Board affirmed the prior finding, determining it lacks jurisdiction to award further temporary disability benefits as the applicant cannot establish continuous temporary disability post-February 23, 2015.

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