California Labor Code Section 4656 does not authorize the start of temporary total
disability benefits once five years have lapsed, the 5th District Court of Appeal ruled Monday in an opinion not certified for publication.
"We agree the WCAB does not have jurisdiction to award temporary disability commencing more than five years following an industrial injury and therefore deny the petition," the court wrote in Vicente Gomez v. WCAB, BMN Building, F051135, 11/27/06.
Gomez worked as a carpenter for BMN Building Inc. when he injured his knees and lower back in August 1999. A trial court...
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