CompFox AI Summary
This case concerns an applicant's petition to amend a prior workers' compensation award to include the right shoulder as an injured body part. The Appeals Board denied reconsideration, holding that the omission of the right shoulder was not a clerical error and that Labor Code section 5804, which limits amendments to awards after five years from the date of injury, barred the requested modification. Since the applicant sought to add a new injury rather than enforce an existing award and the five-year jurisdictional limit had passed, the Board lacked the authority to grant the relief sought.
Full Decision Text1 Pages
This case concerns an applicant's petition to amend a prior workers' compensation award to include the right shoulder as an injured body part. The Appeals Board denied reconsideration, holding that the omission of the right shoulder was not a clerical error and that Labor Code section 5804, which limits amendments to awards after five years from the date of injury, barred the requested modification. Since the applicant sought to add a new injury rather than enforce an existing award and the five-year jurisdictional limit had passed, the Board lacked the authority to grant the relief sought.
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