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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4398201 (SAC 0290129)
Regular
Oct 29, 2008

OCTAVIO BAEZ vs. BARRETT BUSINESS SERVICES

This case concerns an employer's appeal of a temporary total disability award beyond the five-year statute of limitations for an industrial injury. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings, finding that case law requires temporary disability to straddle the five-year anniversary of the injury. Specifically, a medical opinion is needed to determine if the applicant was temporarily disabled due to the industrial injury in January and February 2004, just before the five-year mark.

Temporary total disabilityStatute of LimitationsFive-year anniversaryNew and further disabilityTollingReconsiderationLabor Code section 5410Labor Code section 5803Labor Code section 5804Nickelsberg
References
Case No. FRE 0199865
Regular
Feb 04, 2008

CHRYSTI WIMER vs. FRESNO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded a previous award, holding that the applicant was not entitled to "new and further" temporary disability benefits commencing after the five-year statutory period from her original injury. While the WCAB agreed with the administrative law judge's amended order clarifying the scope of the decision, they found that the claim for temporary disability after the five-year mark lacked jurisdiction. The issue of new and further permanent disability remains deferred.

new and further disabilitypetition to reopentemporary disabilitystipulated awardpermanent disabilitydate of injuryfive-year limitationSarabiAcostaWCAB Rule 10859
References
Case No. ADJ9599561
Regular
Oct 27, 2025

ROY GARCIA vs. RICHARD J. DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

Roy Garcia, a registered dental assistant, sustained an industrial injury in 2013, which was resolved in 2018 with a Stipulation and Award for 41% permanent disability. He filed a timely petition to reopen, alleging new and further permanent total disability. The WCJ found Garcia to be permanently and totally disabled but denied additional benefits, concluding that current total disability was not solely due to the 2013 industrial injury and that psychiatric disability was precluded. The Appeals Board granted Garcia's petition for reconsideration, deferring a final decision pending further review of the factual and legal issues to ensure a just and reasoned outcome.

Petiton for ReconsiderationStipulation and AwardNew and Further DisabilityPermanent Total DisabilitySubstantial Medical EvidenceCausationLabor Code section 4660.1(c)(1)Labor Code section 5410Labor Code section 5705Sarabi
References
Case No. ADJ7755855
Regular
Aug 25, 2014

CAROLINE HARDMAN vs. VETERINARY CENTERS OF AMERICA, BROADSPIRE for ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration to amend a prior award. The Board ruled that, under Labor Code section 4656(c)(2), the applicant is only entitled to temporary disability indemnity for a single injury occurring after January 1, 2008, for 104 weeks within a five-year period from the date of injury. Therefore, temporary disability payments cannot extend beyond September 17, 2013, for this applicant. The rest of the original award, including medical treatment and penalties for unreasonable delay, was affirmed.

Petition for ReconsiderationFindings and AwardVeterinary technicianIndustrial injuryTemporary disabilityMedical treatmentLabor Code section 4656(c)(2)104 compensable weeksFive-year periodDate of injury
References
Case No. ADJ4463692 (STK 0134961) ADJ2984651 (STK 0142920)
Regular
Jan 13, 2010

WILLIAM MART vs. CALAVERAS COUNTY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT, In Liquidation

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).

Workers' Compensation Appeals BoardReconsiderationTemporary DisabilityPetition to ReopenNew and Further DisabilityLabor Code Section 5410Labor Code Section 5803Labor Code Section 5804Sarabi v Workers' Comp. Appeals Bd.Independent Medical Examiner (IME)
References
Case No. ADJ1048691 (VNO 0495411)
Regular
Mar 18, 2010

S. GUILLERMO HUAPAYA vs. DESERT COASTAL TRANSPORT, INC., STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking temporary disability indemnity for a back injury sustained in 2001. The WCAB granted reconsideration, rescinding the prior award of temporary disability indemnity from November 6, 2007, to the present. The Board found that it lacked jurisdiction to award further temporary disability indemnity beyond five years from the date of injury, as no timely petition to reopen was filed. However, the WCAB retained jurisdiction over medical treatment issues.

WCABreconsiderationtemporary disability indemnitydate of injurycontinuing jurisdictionnew and further disabilitysection 5410sections 58035804Barnes v. Workers' Comp. Appeals Bd.
References
Case No. ADJ7264895, ADJ9813796
Regular
Jul 16, 2018

MARIA GALLARDO vs. HELP-N-TIME, INC., Doing Business as MERRY MAIDS, BARRETT BUSINESS SERVICES, INC

The Workers' Compensation Appeals Board denied both the applicant's and defendant's petitions for reconsideration. The Board upheld the WCJ's finding that the applicant did not sustain an injury arising out of and in the course of employment on February 4, 2010, largely due to credibility issues with the applicant's testimony. However, the Board also affirmed the WCJ's decision that the applicant's petition to reopen for new and further disability for her October 30, 2009 injury was timely filed. This determination was based on correspondence that put the defendant on notice of the claim within the statutory period.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrdersInjury AOE/COEPetition to ReopenNew and Further DisabilitySelf-InsuredWCJ Credibility DeterminationLabor Code § 5410Blanchard v. Workers' Comp. Appeals Bd.
References
Case No. 57
Regular
Apr 28, 2011

LAURIE TRINIDAD vs. ALBERTSON'S, PSI, Administered by SPECIALTY RISK SERVICES

This case concerns an applicant's claim for temporary disability benefits beyond five years from the date of injury. The Workers' Compensation Appeals Board (WCAB) affirmed the WCJ's decision that it lacked jurisdiction to award these benefits. The WCAB determined that while the applicant experienced new periods of disability after the five-year mark, no petition to reopen or for new and further disability was filed within the statutory period following a prior order awarding temporary disability. The Board distinguished this case from prior decisions where jurisdiction extended beyond five years due to the absence of any prior award or a continuing award that was improperly terminated.

Workers Compensation Appeals BoardLaurie TrinidadAlbertson'sSpecialty Risk ServicesOpinion and Decision After Reconsiderationtemporary disability benefitsjurisdictiongrocery checkerlumbar spinebilateral shoulders
References
Case No. ADJ4637128 (GOL 0093729)
Regular
Jun 03, 2016

Vincent Ward vs. Morley Construction, National Union Fire Insurance Company

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.

Workers' Compensation Appeals BoardMorley ConstructionNational Union Fire Insurance CompanyTemporary Disability IndemnityLabor Code section 5410New and Further DisabilityReconsiderationFindings of Fact and AwardDate of InjuryStipulated Award
References
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