California Labor Code § 5410

Determinative passage · p.1Applicant seeks reconsideration of the "Findings and Order" (F&O) issued on February 20, 2026, by the workers' compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that applicant's internal injury complaints are barred by Labor Code1 section 5410 because applicant failed to obtain substantial medical evidence establishing internal injury within five years from his date of injury.

The WCJ initially barred internal injury complaints under this statute, but the Board found the evidence insufficient to support the bar.

Determinative passage · p.8Section 5410, in conjunction with section 5803, defines the Appeals Board's continuing jurisdiction and authority, "to award compensation for a new disability resulting from the original

The WCAB applied these standards to determine that reopening and further proceedings are appropriate for new and further disability or compensable consequence injury claims.

Determinative passage · p.6III DISCUSSION: Under California Labor Code Section 5410 an injured worker can file a Petition for New and Further Disability if they can prove that their condition has worsened or changed since the date of the original Award and that the original injury has caused the new and further disability. (italics added). (See California Highway Patrol v WCAB (Griffin) 75 Cal. Comp. Cases 1241).

Applied to determine if reopening was warranted based on new and further disability.

Determinative passage · p.10Under the provisions of section 5410, the October 31, 2022 stipulated award has been timely reopened because applicant has alleged new and further disability and instituted further proceedings to attempt to prove and collect additional compensation in the form of additional medical care, additional temporary disability if any within five years of the date of injury that does not exceed the limits of section 4656,6 and permanent disability. It therefore has no finality until a future amended award is issued to fully address the extent of any new and further disability.

The stipulated award was timely reopened because applicant alleged new and further disability and instituted further proceedings within five years of injury.

Determinative passage · p.7With respect to applicant's petition to reopen, pursuant to section 5410, an injured employee who has previously received workers' compensation benefits pursuant to an award is entitled to claim benefits for "new and further disability" within five years of the date of injury. (Sarabi v. Workers' Comp. Appeals Bd. (2007) 151 Cal.App.4th 920, 925 [72 Cal.Comp.Cases 778].)

The Board applied this standard to defer the issue of new and further disability due to lack of evidence of a timely petition to reopen and waiver by CIGA.

Determinative passage · p.5out the original injury, and arising within five years of the original injury. (Cal. Lab. Code § 5410;

Applicant filed a timely petition to reopen within five years of the injury date.

Determinative passage · p.10Moreover, although the December 23, 2024 Application did not explicitly state that it was a Petition to Reopen, it clearly indicated that compensation had been paid, that applicant was claiming injury for additional body parts not compensated by the prior Stipulations, and that applicant had disputes with defendant regarding liability for reimbursement of medical expenses as well as liability for "pressure on forehead lesion/scar area not accepted with headaches as part of permanent disability." (12/23/24 Application, at pp. 4-5, case number ADJ20293644.) We are required to liberally construe the allegations in a petition, with a view to substantial justice between the parties. (Cal. Code Civ. Proc., § 452.) Thus, we conclude that applicant's December 23, 2024 Application was intended to serve as a Petition to Reopen pursuant to section 5410, and we will treat applicant's Application as a timely filed Petition to Reopen for New and Further Disability.

Applicant's December 23, 2024 Application, though informal, was timely and sufficient to invoke WCAB jurisdiction to reopen for new and further disability.

Determinative passage · p.9Further, section 5410 provides: Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date of the injury upon the ground that the original injury has caused new and further disability. The jurisdiction of the appeals board in these cases shall be a continuing jurisdiction within this period. This section does not extend the limitation provided in Section 5407. (§ 5410.)

Defendant accepted claim and provided medical treatment, tolling the limitation period and allowing filing within five years.