Payment of temporary disability for compensable consequence not claimed may be allowed

The applicant suffered a  compensable injury to the right shoulder in 1999.  The applicant entered into a Stipulated Request for Award.  The applicant filed a timely petition to reopen in 2004.

The applicant claimed new and further disability and a compensable consequence to the left shoulder.  In 2009 the applicant was awarded temporary disability for both shoulders.

The applicant’s shoulder problems became permanent and stationary in 2011.  At a hearing the applicant asked for further temporary disability (TD) based on cervical problems that were diagnosed in medical reports as a result of the original injury.

The defendant disputed and the Workers’ Compensation Judge (WCJ) agreed indicating that the applicant had never alleged injury to his neck and denied TD.

The Workers’ Compensation Appeals Board (WCAB) reviewed and agreed with the WCJ. The appellate court reversed and indicated that the cervical condition could be part of the new and further claim and TD owed.

Therefore, the case was remanded to the WCJ for further hearings.

Case: Steven Hart v WCAB, Chief Auto Parts Auto Zone

Harvey Brown
3501 Jamboree Rd. Suite 602
Newport Beach, CA 92660

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