CompFox AI Summary
In this workers' compensation case, the defendant sought reconsideration of a prior award granting temporary disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and ruled that the applicant was barred from claiming new and further temporary disability. This decision was based on Labor Code section 5410, which limits claims for "new and further" disability to five years from the date of injury. The Board clarified that a new award of temporary disability, especially after a prior award was terminated, constitutes a "further" award subject to this five-year limitation.
Full Decision Text1 Pages
In this workers' compensation case, the defendant sought reconsideration of a prior award granting temporary disability indemnity. The Appeals Board granted reconsideration, rescinded the award, and ruled that the applicant was barred from claiming new and further temporary disability. This decision was based on Labor Code section 5410, which limits claims for "new and further" disability to five years from the date of injury. The Board clarified that a new award of temporary disability, especially after a prior award was terminated, constitutes a "further" award subject to this five-year limitation.
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