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

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
12
Case No. MISSING
Regular Panel Decision

MacTaggart v. Gibbs & Cox. Inc.

This appeal concerns the dismissal of an action for failure to prosecute for over five years. The plaintiffs' primary excuse for the delay was their involvement in another litigation concerning similar issues. However, the court found that the issues in the two cases were not identical, and a significant period of a year and a half elapsed after the conclusion of the prior litigation without any further action on the present case. The court also considered the prejudice to the defendant, noting the difficulty and impracticability of recouping extra costs from clients related to contracts completed between February 1944 and December 1945. Consequently, the court affirmed the dismissal of the action.

failure to prosecutedismissal of actionappellate reviewdiscretionary powerprejudice to defendantdelay in litigationstipulationsamended complaintnote of issueextra compensation
References
1
Case No. ADJ1718605 (RIV 0018154)
Regular
May 20, 2011

SASON COHEN vs. MORTON'S STEAKHOUSE, ESIS, Inc.

In this workers' compensation case, the Appeals Board granted reconsideration, striking the award for additional temporary disability indemnity. The Board clarified that while jurisdiction exists to award temporary disability beyond five years from the injury date if a timely reopening petition is filed, this only applies to continuous disability that bridges the five-year mark. A new, non-continuous period of temporary disability arising more than five years after the injury, even with a timely filed petition, falls outside the Board's jurisdiction. The Board otherwise affirmed the original findings and award.

New and further disabilityStatute of limitationsTemporary total disabilityReconsiderationFindings and AwardQualified medical evaluatorSubstantial evidenceLabor Code section 5410Labor Code section 5803Labor Code section 5804
References
16
Case No. ADJ3519701
Regular
Nov 04, 2013

SHERYL SEIFERT vs. BLOCKBUSTER VIDEO, SEDGWICK RIVERSIDE

The applicant, injured in 2001, sought further temporary disability benefits more than five years after her injury date. While the Workers' Compensation Appeals Board (WCAB) generally retains jurisdiction for benefits beyond five years if no final award has been issued, this case involved a prior stipulated award of temporary disability that was subsequently terminated. Therefore, to seek additional benefits, the applicant was required to file a petition to reopen or for new and further disability within the five-year statutory period. Since no such petition was filed within the timeframe, the WCAB properly denied the applicant's petition for reconsideration, upholding the WCJ's finding of lack of jurisdiction to award further benefits.

Petition for ReconsiderationTemporary Disability BenefitsDate of InjuryJurisdictionAward TerminationPetition to ReopenNew and Further DisabilityInsidious Progressive DiseaseStated ReasonsAdministrative Law Judge
References
11
Case No. ADJ7811907
Regular
Jul 10, 2017

KYLE PIKE vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for reconsideration, affirming an award of temporary disability and salary continuation benefits to Kyle Pike. Despite the benefits extending beyond five years from the injury date, the Board found applicant's temporary disability commenced within that period and was limited to 104 weeks. This decision aligns with a judicial interpretation that allows such awards when a timely petition to reopen is filed and benefits begin within the statutory five-year window. The dissenting opinion argued that Labor Code section 4656(c)(2) strictly prohibits temporary disability payments beyond five years from the injury date for injuries after January 1, 2008.

Labor Code section 4850temporary disability benefitsPetition to ReopenLabor Code section 4656(c)(2)five-year limitation104 weeksDeputy Sheriff Detentiondate of injurycontinuing jurisdictionnew and further disability
References
10
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
3
Case No. MISSING
Regular Panel Decision

Millson v. Manfredo

This paternity proceeding challenges the constitutionality of Family Court Act § 517(a), which sets a five-year Statute of Limitations for mothers to commence such proceedings, arguing it violates equal protection. The respondent moved to dismiss because the petition was filed over five years after the child's birth. The court examined whether the statute impermissibly differentiates between male and female petitioners and between legitimate and illegitimate children. It concluded that the differing limitation periods for mothers and fathers are unjustified, as their rights are now identical. Furthermore, the court found that the five-year statute is not substantially related to preventing stale or fraudulent claims, especially when considering the longer periods for public welfare officials and advancements in blood testing. Consequently, the court determined the petitioner's claim, filed approximately 6.5 years post-birth, to be timely, and denied the respondent's motion to dismiss.

Paternity ProceedingsStatute of LimitationsEqual Protection ClauseConstitutional LawFamily LawGender DiscriminationIllegitimate Children RightsChild SupportJudicial ReviewFamily Court Act
References
12
Case No. 2017 NY Slip Op 04009 [150 AD3d 1507]
Regular Panel Decision
May 18, 2017

Matter of Jie Cao v. Five Star Travel of NY Inc.

Claimant, a bus driver, was involved in a 2007 accident and successfully applied for workers' compensation benefits, naming "Five Stars Travel Bus Inc." as his employer. Five Star Travel of NY Inc. (Five Star) did not appear after being served, leading to a WCLJ finding it liable for awards and assessments. After subsequent awards and medical treatment authorizations, a settlement was approved in 2013. In May 2015, Five Star sought to reopen the claim and challenge the prior decisions and settlement, but the Workers' Compensation Board denied the application due to untimely submission of new material evidence and the non-reviewable nature of an approved waiver agreement. The Appellate Division affirmed the Board's decision.

Workers' CompensationBus AccidentUninsured EmployerClaim ReopeningSettlement AgreementBoard ReviewAppellate DivisionTimelinessContinuing JurisdictionDue Process
References
6
Case No. ADJ2527863 (SRO 0119111) ADJ465592 (SRO 0131576)
Regular
Nov 23, 2010

LANI BROCKMAN vs. UKIAH VALLEY MEDICAL CENTER, ADVENTIST HEALTH

The Workers' Compensation Appeals Board (WCAB) rescinded an award of additional temporary disability indemnity. The WCAB determined it lacked jurisdiction to grant this award more than five years after the applicant's industrial injury, as per Labor Code section 5410. This was because a prior award of temporary disability had been terminated, and the applicant did not petition to reopen within the statutory five-year period. The case was returned to the trial level to address remaining issues, including the causation of the applicant's deep vein thrombosis.

WCABLani BrockmanUkiah Valley Medical CenterAdventist HealthADJ2527863ADJ465592Temporary Disability IndemnityDeep Vein ThrombosisCausationStatute of Limitations
References
7
Case No. ADJ1387708 (SAC 0356517)
Regular
May 28, 2019

JANET DEW vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award of temporary disability benefits. The Board held that Labor Code section 5410 bars claims for "new and further" temporary disability arising more than five years after the date of injury. Even though the applicant's petition to reopen was timely filed and medical reports indicated a potential future need for revision surgery, the period of actual temporary disability did not commence within the five-year window. Therefore, the applicant was not entitled to the awarded temporary disability indemnity.

Labor Code section 5410new and further disabilitytemporary disabilitydate of injurypetition to reopencumulative traumastipulated awardQualified Medical Evaluatorpermanent disabilitymedical treatment
References
12
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