CompFox AI Summary
In this case, the applicant sought vocational rehabilitation benefits over five years after his injury, which the judge initially denied based on the statute of limitations. However, the Appeals Board granted reconsideration, rescinded the denial, and returned the case for further proceedings. The Board found that because there was no prior adjudication of the applicant's right to vocational rehabilitation and he remained temporarily disabled without a permanent disability finding, his request could still be considered under Labor Code Section 5405.5. This decision emphasizes that jurisdiction for vocational rehabilitation can extend beyond five years from the injury date when entitlement hasn't been previously determined.
Full Decision Text1 Pages
In this case, the applicant sought vocational rehabilitation benefits over five years after his injury, which the judge initially denied based on the statute of limitations. However, the Appeals Board granted reconsideration, rescinded the denial, and returned the case for further proceedings. The Board found that because there was no prior adjudication of the applicant's right to vocational rehabilitation and he remained temporarily disabled without a permanent disability finding, his request could still be considered under Labor Code Section 5405.5. This decision emphasizes that jurisdiction for vocational rehabilitation can extend beyond five years from the injury date when entitlement hasn't been previously determined.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.