CompFox AI Summary
Defendant sought reconsideration of a WCJ's award of temporary disability benefits dating back to 2001. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and deferred the issues of temporary disability and attorney fees. This action was based on precedent holding that jurisdiction to award temporary disability beyond the five-year limit exists if a timely petition to reopen for new and further disability was filed and the disability arose within that five-year period. The matter is returned to the trial level for further proceedings and clarification regarding specific periods of temporary disability, considering Labor Code section 4656(b).
Full Decision Text1 Pages
Defendant sought reconsideration of a WCJ's award of temporary disability benefits dating back to 2001. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and deferred the issues of temporary disability and attorney fees. This action was based on precedent holding that jurisdiction to award temporary disability beyond the five-year limit exists if a timely petition to reopen for new and further disability was filed and the disability arose within that five-year period. The matter is returned to the trial level for further proceedings and clarification regarding specific periods of temporary disability, considering Labor Code section 4656(b).
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