CompFox AI Summary
This case concerns applicant Tammy Helms' claim for temporary total disability indemnity filed more than five years after her August 6, 2003 injury. While the WCAB does not have original jurisdiction over previously adjudicated temporary disability issues, it retains jurisdiction if a timely petition for new and further disability or to reopen was filed. Here, the Board found that an Expedited Declaration of Readiness to Proceed to Hearing filed on June 24, 2008, requesting temporary disability, constituted such a timely petition. Therefore, the defendant's petition for reconsideration was denied, allowing the claim for further temporary disability.
Full Decision Text1 Pages
This case concerns applicant Tammy Helms' claim for temporary total disability indemnity filed more than five years after her August 6, 2003 injury. While the WCAB does not have original jurisdiction over previously adjudicated temporary disability issues, it retains jurisdiction if a timely petition for new and further disability or to reopen was filed. Here, the Board found that an Expedited Declaration of Readiness to Proceed to Hearing filed on June 24, 2008, requesting temporary disability, constituted such a timely petition. Therefore, the defendant's petition for reconsideration was denied, allowing the claim for further temporary disability.
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