WCAB JURISDICTION - Labor Code §5305–The Appeals Board has jurisdiction over all controversies arising out of injuries suffered outside the territorial limits of the state in those cases where the injured worker is a resident of the state at the time of injury and the contract for hire was made in this state. (See Bowen v. Workers' Comp. Appeals Bd. (1999) 73 Cal.App.4th 15.) [In this case, the injured worker was a California resident but accepted the job as a flight attendant while in Texas upon graduating from her training.] Dawn Thibodeau v. Workers' Compensation Appeals Board, Continental Airlines 10 WCAB Rptr. 10,129 [Writ Denied]

WCAB JURISDICTION - Industrial injuries occurring outside the state of California-In this case, a professional baseball player sustained a cumulative trauma injury while playing for a major league team's minor league franchise in North Carolina. Jurisdiction over the major league baseball team was found because the terms of the minor league baseball player contract were negotiated by an agent in California and the baseball player agreed to the terms of the contract in California. Tampa Bay Devil Rays v. Workers' Compensation Appeals Board (Matthew Luke) 10 WCAB Rptr. 10,112[Writ Denied]

JURISDICTION - The Appeals Board does not have jurisdiction on the issue of constitutionality of statutes. [In this case, applicant was challenging the constitutionality of Labor Code §4656(c)(1) two-year maximum on temporary disability indemnity.] Derek Velasquez v. Workers' Compensation Appeals Board, State Compensation Insurance Fund 10 WCAB Rptr. 10,101 [Writ Denied]

WCAB JURISDICTION - Continuing jurisdiction–As long as a file remains open, the Appeals Board has continuing jurisdiction to award temporary disability indemnity for a period commencing more than five years from the date of injury, even though applicant was not continuously temporarily disabled from the date of injury. [It is not unusual for an injured worker to require surgery at a later time and to experience another period of temporary disability.] (See Denny's v. Workers' Comp. Appeals Bd. (Kakudo) (2006) 8 WCAB Rptr. 10,195 [writ denied].) Central Wholesale Electric Supplies v. Workers' Compensation Appeals Board (David Lauderback) 10 WCAB Rptr. 10,080 [Writ Denied]

WCAB JURISDICTION - Constitutional question–The Workers' Compensation Appeals Board as an administrative agency created by the California Constitution has no power to declare a statute unenforceable, or refuse to enforce a statute, on the basis of the statute being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional. (See Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028.) Gerardo Romo-Padilla v. Workers' Compensation Appeals Board, JAC Construction 10 WCAB Rptr. 10,066 [Writ Denied]

WCAB JURISDICTION - Medical-legal liens–A psychologist's medical-legal liens filed with WCAB as an expert witness on behalf of workers who filed workers' comp claims and in addition filed third-party civil actions was limited to adjudicating medical-legal liens in the workers' comp system and could not recover payment in a civil action against the workers' attorneys although the psychologist withdrew the liens in the workers' comp case. Richard J. Perrillo v. Picco & Presley 10 WCAB Rptr. _10,022 __Cal.App.4th___

WCAB JURISDICTION - Five-year limitation period–Labor Code–5804–The Appeals Board does not have jurisdiction to order additional temporary disability indemnity more than five years from the date of injury. The Appeals Board continues to have jurisdiction to award temporary disability only if the applicant was continuously temporarily disabled beyond the five-year limit or if a petition to reopen was filed within five years of the date of injury. (See Bland v. Workers' Comp. Appeals Bd. (1970) 3 Cal.3d 324.) Alan Shannon v. Workers' Compensation Appeals Board, Intercare Insurance Services 10 WCAB Rptr. 10,012 [Writ Denied]

WCAB JURISDICTION - Lien claims-The Appeals board has the exclusive jurisdiction to determine the validity of medical bills and liens. (See Vacanti v. State Comp. Ins. Fund (2001) 24 Cal.4th 800, 3 WCAB Rptr. 10,019.) The jurisdiction includes the power to determine whether the lien claimant was properly licensed at the time it provided services. (See Zenith Insurance Company v. Workers' Comp. Appeals Bd. (Capi) (2006) 138 Cal.App.4th 373, 8 WCAB Rptr. 10,094.) Med-1 Medical Center, Inc. v. Workers' Compensation Appeals Board (Edwardo Alberdin) 9 WCAB Rptr. 10,301 [Writ Denied]

JURISDICTION - Injuries occurring outside California–Labor Code §3600.5–If an employee is regularly employed in California sustains an injury arising out of and in the course of employment outside of California, the employee is entitled to workers' compensation benefits according to California law. (See Reynolds Electrical & Engineering Co. v. Workmen's Comp. Appeals Bd. (Egan) (1966) 65 Cal.2d 429. Koleaseco, Inc. v. Workers' Compensation Appeals Board (Lyda Morgan) 9 WCAB Rptr. 10,297 [Writ Denied]

WCAB PROCEDURE WCJ discretion to choose factors of disability–The WCJ has the discretion to select the factors of disability based on his/her assessment of applicant's credibility and the WCJ has the discretion to determine which factors of permanent disability are consistent with the nature of the injury and other relevant factors. The WCJ has the power to choose factors of disability within the range of evidence. (See US Auto Stores v. Workers' Comp. Appeals Bd. (Brenner) (1971) 4 Cal.3d 469.) Mission Linen Supply, Inc. v. Workers' Compensation Appeals Board (Chuck Beck) 9 WCAB Rptr. 10,284 [Writ Denied]

WCAB JURISDICTION - Award of temporary disability more than 5 years of date of injury"When there has been no prior Findings Award, the Appeals Board has jurisdiction to determine all issues notwithstanding the fact that more than five years has past since the date of injury. This includes jurisdiction to award temporary disability benefits for a period of temporary disability commencing more than five years from the date of injury. (See Unigard Insurance Company v. Workers' Comp. Appeals Bd. (194) 59 Cal.Comp.Cases 966.) John Muir Medical Center v. Workers' Compensation Appeals Board (Ben Jones) 9 WCAB Rptr. 10,270 [Writ Denied]

JURISDICTION - Continuing jurisdiction–Labor Code §5803 establishes continuing jurisdiction of the Appeals Board, including the power to increase compensation awarded on grounds that disability has recurred or increased. Allied Domeco/Clos Du Bois Wines v. Workers' Compensation Appeals Board (Melchor Rodriguez) 9 WCAB Rptr. 10,117 [Writ Denied]

JURISDICTION - Reservation of jurisdiction beyond five years of date of injury-The reservation of jurisdiction to award permanent disability beyond five years from the date of injury is permitted only in cases of insidious and progressive occupational diseases. (See General Foundry Service v. Workers' Comp. Appeals Bd. (Jackson) (1986) 42 Cal.2d 331.) City of Los Angeles Police Department v. Workers' Compensation Appeals Board (David Warren) 9 WCAB Rptr. 10,078 [Writ Denied]

JURISDICTION - Exclusive remedy–Labor Code §3602–The Appeals Board has the exclusive jurisdiction to enforce the right to receive benefits under a WCAB award, and the injured worker is precluded from filing a civil action to enforce the award. (See Marsh & McLennan, Inc. v. Superior Court (1989) 49 Cal.3d 1.) Luis Manuel Garcia v. Helmsman Management Services, Inc. 9 WCAB Rptr. 10,027 ___Cal.App.4th___

WCAB JURISDICTION - Setting aside compromise and release—The Workers' Compensation Appeals Board can set aside a compromise and release agreement within five years of the date of injury under Labor Code §§5803 and 5804. (See Argonaut Insurance Co. v. Industrial Acc. Comm. (1958) 49 Cal.2d 706.)

JURISDICTION - Subject matter jurisdiction exists when it is established that the injured worker experienced portion of his continuous trauma injury within the state of California. [In this case the applicant was a professional basketball player with the Houston Rockets, who conducted athletic business activities within the state of California which were related to the subject matter, the applicant's workers' compensation claim.

JURISDICTION - Personal jurisdiction over the applicant was established because he was a resident of California during his employment with the Houston Rockets; and, in addition, the applicant entered into his National Basketball Association Uniform Player Contract in California. (See Bowen v. Workers' Comp. Appeals Bd. (1000) 73 Cal.App.4th 15.)

WCAB JURISDICTION-Indian tribe employee–An injured worker of an Indian tribe seeking relief afforded under the state workers' compensation laws has the burden of proving the requisite jurisdictional facts. (See Middletown Rancheria of Pomo Indians v. Workers' Comp. Appeals Bd. (1998) 60 Cal.App.4th 1340.) [In this case, the injured worker was employed by the Indian tribe government and not the gaming operation casino, and the gaming compact between the State and the Tribe waived sovereign immunity only for employees of the gaming operation casino.]

WCAB JURISDICTION-Waiver of sovereign immunity–A waiver of sovereign immunity subjecting an Indian tribe to state proceedings must be clear, express and unequivocal. (See People ex. rel. Dept of Transportation v. Naegele Outdoor Advertising Co. (1985) 38 Cal.3d 509.) Raymond Sullivan v. Workers' Compensation Appeals Board, Table Mountain Rancheria 8 WCAB Rptr. 10,253 ___Cal.App.4th___

JURISDICTION-When a petition to reopen is untimely and the Court of Appeal has affirmed the finding that the Appeals Board no longer has jurisdiction in the case, the Appeals Board is completely without jurisdiction to consider any of applicant's arguments for reopening the case, whether the arguments are newly raised contentions or duplicative of previously raised issues. (See Polach v. American Smelting & Ref. Co. (1969) 34 Cal.Comp.Cases 511 [en banc].) James A.Walmsley v. Workers' Compensation Appeals Board, Pacific Gas & Electric Co. 8 WCAB Rptr. 10,262 [Writ Denied]

JURISDICTION-Workers' Compensation Appeals Board has jurisdiction to entertain class actions. (See Addington v. Industrial Indemnity Company I1972) 334 Cal.App.3d 802.) [In this case, the WCJ ordered the parties to confer on the development of a discovery plan to address the viability of a class action.] [Writ Denied]

JURISDICTION-Concurrent jurisdiction for state and federal compensation claims–An injured worker who is covered by both California workers' compensation laws and the Longshoremen and Harbor Workers' Compensation Act (LHWCA) is not precluded by the LHWCA from seeking state workers' compensation benefits. (See Bobbit v. Workers' Comp. Appeals Bd. (1983) 143 Cal.App.3d 845.) [Writ Denied]

JURISDICTION-Continuing jurisdiction-The Appeals Board has jurisdiction to alter an original continuing temporary disability award, which means that the Appeals Board can reinstate temporary disability more than five years from the date of injury where there has been no award of permanent disability. (See Unigard Insurance Company v. Workers' Comp. Appeals Bd. (1994) 59 Cal.Comp.Cases 966 [writ denied].) Denny's Inc. v. Workers' Compensation Appeals Board (Samuel Kakudo) 8 WCAB Rptr. 10,195 [Writ Denied]

JURISDITION-Personal jurisdiction-Labor Code §5300-Personal jurisdiction is established over the applicant even though he was not a California resident during the period of injury if portions of his continuous trauma injury occurred while he was working within California. (See Industrial Indem. Co. v. Ind. Acc. Com. (Keller) (1951) 103 Cal.App.2d 249.) Washington Wizards v. Workers' Compensation Appeals Board (Danny Roundfield) 8 WCAB Rptr. 10,178 [Writ Denied]

JURISDICTION-Reservation of jurisdiction–Jurisdiction may be reserved beyond the normal five-year period on the issue of permanent disability in the case of insidious, progressive diseases. (See General Foundry Service v. Workers' Comp. Appeals Bd. (Jackson) (1986) 42 Cal.3d 331.) [In this case, applicant's hepatitis C infection was dormant and was subject to deterioration over time.] [Writ Denied]

WCAB JURISDICTION- Continuing jurisdiction to enforce award of medical treatment–The Appeals Board has the jurisdiction over the treatment recommendation arising from an industrial injury to the extent there is a causal relationship between the industrial injury and the need for further treatment. Jose R. Hernandez v. Workers' Compensation Appeals Board, Dana Corporation 8 WCAB Rptr. 10,133 [Writ Denied]

WCAB JURISDICTION- Jurisdiction for injuries sustained outside California–Labor Code §5305–The California Workers' Compensation Appeals Board has jurisdiction over injuries sustained outside California when the contract of hire was made in California. (See Bowen v. Workers' Comp. Appeals Bd. (1999) 73 Cal.App.4th 15.) [In this case a NFL professional football player's cumulative trauma injury was not subject to the Appeals Board jurisdiction because the contract was not entered into in California.] California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Derek K. Loville) 8 WCAB Rptr. 10,129 [Writ Denied]

WCAB JURISDICTION– Retention of jurisdiction– If the jurisdiction of the Appeals Board is timely invoked, the deferral of a determination on the level of permanent disability pending development of the record operates as retention of jurisdiction over the issue because no final decision has been made within the meaning of Labor Code §5900. Candido Ramirez v. Workers' Compensation Appeals Board, Vacation Bay Hotel Properties, Inc. 7 WCAB Rptr. 10,348 [Writ Denied]

WCAB JURISDICTION– Injuries occurring outside California– Labor Code§5305– The WCAB has jurisdiction over all controversies arising outside the territorial limits of California where the injured worker is a resident of California at the time of injury and the contract for hire was made in California. Oz Optics, Inc. v. Workers' Compensation Appeals Board (Faramarz Chassemi) 7 WCAB Rptr. 10,264 [Writ Denied]

WCAB JURISDICTION– Current jurisdiction– In a case in which there is clearly concurrent jurisdiction before the WCAB and the civil court of another state, there is no requirement that California exercise its jurisdiction. [In this case, where a California resident was hired in California for work on a job site in Alabama, there were no minimal contacts with the State of California by the Alabama employer, and WCAB could decline to exercise jurisdiction on that basis.] Richard Huntington v. Workers' Compensation Appeals Board, rvin Excavating Company [Writ Denied] 7 WCAB Rptr. 10,258 [Writ Denied]

WCAB JURISDICTION– The Appeals Board does not have jurisdiction to award a new period of temporary disability that arises more than five years after the date of injury when no petition to reopen was filed (See Nickelsberg v. Workers' Comp. Appeals Bd. (1991) 54 Cal. 3d 288.) Parker Mitsuko v. Workers' Compensation Appeals Board, Shirley Pierce Conner 7 WCAB Rptr. 10,241 [Writ Denied]

WCAB JURISDICTION– Labor Code §5803– The Workers' Compensation Appeals Board's continuing jurisdiction under Labor Code §5803 extends beyond five years from the date of injury when it enforces a prior award of medical benefits. Herbert Holtzman v. Workers' Compensation Appeals Board, Uninsured Employers Fund (Clemeth Monks) 7 WCAB Rptr. 10,198 ___Cal.App.4th___

WCAB JURISDICTION– Request for resumption of vocational rehabilitation more than five years after date of injury–In the absence of an express reservation of jurisdiction, the WCAB does not have jurisdiction to award further vocational rehabilitation benefits under the following circumstance: (1) vocational rehabilitation is interrupted, (2) the interruption is granted for a specific period, (3) the injured worker is advised that she would have until five years from the date of injury to seek reinstatement, and (4) did not request reinstatement within five years of the date of injury. (See Sacramento County Office of Education v. Workers' Comp. Appeals Bd. (DeBoard) (2000) 82 Cal.App.4th 107, 2 WCAB Rptr. 10,269.) Vernon Robertson v. Workers' Compensation Appeals Board, The Thrift Store 7 WCAB Rptr. 10,127

WCAB JURISDICTION– When an insurer of other responsible party has been given timely notice of a claim for additional benefits and the insurer or other responsible party has not been prejudiced, the absence of a formal petition does not prevent the Appeals Board from making an additional award more than five years after the date of injury. (See Zurich Ins. Co. v. Workmen's Comp. Appeals Bd. (1973) 9 Cal.3d 848.) County of San Diego v. Workers' Compensation Appeals Board (Mary Rojas-Melzer) 7 WCAB Rptr. 10,119

CIVIL COURT JURISDICTION– Wrongful death claim under the Jones Act [46 United States Code §688 et. seq.] –State courts possess concurrent jurisdiction with federal courts over wrongful death claims under the Jones Act. Richard Donaldson v. National Marine, Inc. 7 WCAB Rptr. 10,104

WCAB JURISDICTION– Petition to reopen–A timely petition to reopen remains pending and is not affected by the statute of limitations where there has been no decision by the Appeals Board on the specific form of benefits at issue. (See Martino v. Workers' Comp. Appeals Bd. (2002) 109 Cal.App.3d 941, 4 WCAB Rptr. 10,323) [In this case, a timely petition to reopen was filed that expressly included a need for vocational rehabilitation. The Appeals Board properly had jurisdiction to consider a request to reinstate vocational rehabilitation services filed more than five years from the date of injury.] California Insurance Guarantee Association v. Workers' Compensation Appeals Board (Maxine Bonales) 7 WCAB Rptr. 10,103

WCAB JURISDICTION– Statute of Limitations–Labor Code §5410–An injured worker may institute proceedings for collection of compensation benefits, within five years after the date of injury upon the ground that the original injury has caused new and further disability. (See Nicky Blair's Restaurant v. Workers' Comp. Appeals Bd. (1980) 109 Cal.App.3d 941.) James White v. Workers' Compensation Appeals Board, General Production Service 7 WCAB Rptr. 10,087

WCAB JURISDICTION– Labor Code §5804–No award of compensation shall be altered or amended after five years from the date of injury unless a petition to amend is filed within the five-year period. This time limit is jurisdictional. (See Selden v. Workers' Comp. Appeals Bd. (1986) 176 Cal.App.3d 877.) [In this case, the WCJ improperly rescinded the Findings and Award pursuant to a stipulation made more than five years after the date of injury. A petition for reconsideration of the Findings and Award was not filed, which would have had the effect of staying the five-year period.] Sharon King v. Workers' Compensation Appeals Board, Farmers Bank of China 7 WCAB Rptr. 10,047

WCAB JURISDICTION– Labor Code §5803–The Appeals Board has continuing jurisdiction over all its orders, decisions and awards made and entered. At any time after notice and opportunity to be heard is given to the parties, the Appeals Board may rescind, alter, or amend any order, decision or award for good cause. Within certain time limits, the Appeals Board has the power to review, grant or regrant, diminish, increase or terminate, any compensation awarded on the grounds that the disability of the person in whose favor the award was made has either recurred, increased, diminished or terminated. Norton Picture & Television Fund v. Workers' Compensation Appeals Board (Marilyn Kanoskie) 6 WCAB Rptr. 10,271

WCAB JURISDICTION– Employment Contract– Labor Code §5305– The Appeals Board has jurisdiction over controversies arising from industrial injuries suffered outside the territorial limits of California when the contract for hire was made in California. (See Bowen v. Workers' Comp. Appeals Bd. (1999) 73 Cal.App.4th 15.) [In this case, the contract for hire was made in Arizona.] Selmir Lazic v. Workers' Compensation Appeals Board, Bosna Construction. 6 WCAB Rptr. 10,123

WCAB JURISDICTION– A WCAB Regional Manager has the jurisdiction to consolidate and stay all lien claims by a specific medical provider regardless of their prior assignment to another WCJ. (See generally Miceli v. Jacuzzi, Inc. (2003) 5 WCAB Rptr. 10,121.) Scheffield Medical Group, Inc. v. Workers' Compensation Appeals Board (Luis Aceituno), State Compensation Insurance Fund. 6 WCAB Rptr. 10,056

WCAB JURISDICTION– Jurisdiction to Reopen Prior Award– Labor Code §5803 provides the Appeals Board jurisdiction to reopen a prior decision or award for good cause upon the filing of a petition by a party in interest within five years of the date of injury. The jurisdiction includes the right to diminish or terminate an award of compensation upon the grounds that the disability of the person in whose favor the award was made had diminished or terminated. Lenette Weishaar v. Workers' Compensation Appeals Board, City of Vacaville. 6 WCAB Rptr. 10,041

WCAB JURISDICTION– Good Cause to Reopen Prior Award– To reopen a claim for good cause, there must be some ground, not within the knowledge of the Appeals Board at the time of making the former decision, which makes the original award inequitable. The new evidence must be more than cumulative or a restatement of the evidence originally presented and there must be a showing that such evidence could not with reasonable diligence have been discovered and produced at the original proceeding. (See Nicki Blair's Restaurant v. Workers' Comp. Appeals Bd. (Macias) (1980) 109 Cal.App.3d 941.) [In this case, the applicant had received a 100% total permanent disability and three months later the defendant filed a petition to reopen the award based on 24 hours of surveillance video showing applicant after the award engaged in activities that substantially exceeded her alleged level of disability and preclusions prior to the award.] Lenette Weishaar v. Workers' Compensation Appeals Board, City of Vacaville. 6 WCAB Rptr. 10,041

WCAB JURISDICTION– Labor Code §5803– Continuing Jurisdiction– The Appeals Board has continuing jurisdiction over all its orders, decisions and awards and may upon notice and after an opportunity to be heard is given the parties in interest, the Appeals Board may rescind, alter, or amend any order, decision, or award when good cause is shown. This power includes the right to review, grant, diminish, increase, or terminate any compensation awarded, upon the grounds that the disability of the person in whose favor the award was made has either recurred, increased, diminished or terminated. [In this case, the evidence presented by both parties showed that there was no meeting of the minds as to the issue of how credit/apportionment would be taken in terms of applicant's prior settlements so that the settlement agreement was not enforceable and could be rescinded by the WCJ.] John Stieglitz v. Workers' Comp. Appeals Board, City of Los Angeles. 6 WCAB Rptr. 10,039

WCAB JURISDICTION– Amending Order– Labor Code §5804– No award of compensation shall be altered or amended after five years from the date of injury unless the petition to amend is filed within the five-year period. This lime limit is jurisdictional. (See Selden v. Workers' Comp. Appeals Bd. (1986) 176 Cal.App.3d 877.) Once the Appeals Board's jurisdiction lapses, an award may be set aside only upon a showing of extrinsic fraud or mistake. (See Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160.) [The fact that a WCJ may have expressed a different opinion, in a different matter with a different set of facts and issues, than the opinion he expressed in his order in this matter, does not establish extrinsic fraud or mistake.] Rosalina Zarate v. Workers' Compensation Appeals Board, Westwood Marquis Hotel. 6 WCAB Rptr. 10,027

WCAB JURISDICTION– A worker may not confer jurisdiction on the WCAB by filing a petition to reopen an award before the five-year period has expired for anticipated temporary total disability to occur after the five-year period. (See Harsuiker v. Workers' Comp. Appeals Bd. (1993) 12 Cal.App. 4th 209.) [In this case, there was no medical evidence to demonstrate that applicant suffered a change in medical condition since entering into a stipulated award, required new and different medical care, or had any temporary total disability prior to the expiration of the five-year statute of limitations in either Labor Code §§5804 or 5410.] Melinda L. Wilson v. Workers' Compensation Appeals Board, North American Title Guaranty Co. 6 WCAB Rptr. 10,009

WCAB JURISDICTION– Certain remedies of the Unfair Competition Law are not otherwise available under the Labor Code, such as injunctive relief, restitutionary remedies, including disgorgement of profits gained by acts of unfair competition, civil penalties, civil attorney fees and costs. Jack Hablian v. Workers' Compensation Appeals Board, Zurich. 6 WCAB Rptr. 10,007

WCAB JURISDICTION– Although the WCAB does not have equitable powers equivalent to a court of general jurisdiction to decide whether a business practice is unfair competition and grant the kind of equitable remedies sought beyond the Labor Code as are available under Business and Professions Code §17200 et. seq., the WCAB has broad equitable powers in a limited number of categories: estoppel to assert the statute of limitations, estoppel to deny coverage because of actions of an agent, reformation of an insurance policy, apportionment of attorneys' fees, and balancing equities in rescission of a compromise and release. (See Maples v. Workers' Comp. Appeals Bd. (1980) 111 Cal.App.3d 827.) Jack Hablian v. Workers' Compensation Appeals Board, Zurich. 6 WCAB Rptr. 10,007

WCAB JURISDICTION– Alternative Dispute Resolution Programs– Labor Code §3201.5– The "carve out" provisions of Labor Code §3201.5 permit unions and employers in certain segments of the construction industry, through the collective bargaining process, to create alternative methods for initially resolving workers' compensation disputes in limited circumstances. The alternative dispute resolutions systems cannot be used to resolve or adjudicate disputes over 132a claims. Kiewit Pacific Company v. Workers' Compensation Appeals Board (Rick Beaver) 5 WCAB Rptr. 10,358

WCAB JURISDICTION– Permanent disability in case of progressive disease– The Appeals Board may tentatively rate the permanent disability of an employee with a progressive disease, and order advances based on that tentative rating. The Appeals Board may then reserve its jurisdiction for a final determination of permanent disability when the employee's condition is permanent and stationary, or when the employee's permanent disability is total (100%) and further deterioration would be irrelevant for rating purposes. (See General Foundry v. Workers' Comp. Appeals Bd. (Jackson) (1986) 42 Cal.3d 331.) Lockheed Martin Corporation v. Workers' Compensation Appeals Board (David A. DeSoto) 5 WCAB Rptr. 10,355

WCAB JURISDICTION– Reservation of jurisdiction when nominal disability indemnity is awarded– Labor Code §5802– Assignment of nominal disability under Labor Code §5802 impliedly reserves jurisdiction to determine extent of permanent disability at a later date. Lockheed Martin Corporation v. Workers' Compensation Appeals Board (David A. DeSoto) 5 WCAB Rptr. 10,355

WCAB JURISDICTION– Labor Code §5410– The Appeals Board has continuing jurisdiction over a case within five years after the date of injury. In this case, temporary disability was properly awarded before a Petition to Reopen. Albertson's, Kemper Risk Management Services v. Workers' Compensation Appeals Board (Lisa Bulen) 5 WCAB Rptr. 10,342

WCAB JURISDICTION– Continuing Jurisdiction– Although the Appeals Board has continuing jurisdiction over all its orders, decisions and awards, where a petition to reopen has not been filed, the Appeals Board may not rescind, alter or amend its orders, decision or awards more than five years after the date of injury, absent a showing of good cause. (See Nickelsberg v. Workers' Comp. Appeals Bd. (1991) 54 Cal.3d 288.) Testa Enterprises v. Workers' Compensation Appeals Board (Juan De La Garza) 5 WCAB Rptr. 10,303

WCAB JURISDICTION– Continuing Jurisdiction– Where there is an existing award of further medical treatment, the Appeals Board has jurisdiction to enforce that medical treatment award more than five years after the employee's date of injury, even when no petition for new and further disability under Labor Code §5410 has been timely filed. (See Barnes v. Workers' Comp. Appeals Bd. (2000) 23 Cal.App.4th 679, 2 WCAB Rptr. 10,004.) Testa Enterprises v. Workers' Compensation Appeals Board (Juan De La Garza) 5 WCAB Rptr. 10,303

WCAB JURISDICTION– Labor Code §5804– No award of compensation shall be rescinded, altered, or amended after five years from the date of the injury. An order changing administrators does not alter the award and Labor Code §5804 does not apply. Sherman Loehr Custom Tile Works v. Workers' Compensation Appeals Board (Michael Cooke) 5 WCAB Rptr. 10,243

WCAB JURISDICTION– Labor Code §§5410 and 5904 limit the Appeals Board jurisdiction to reopen a case to award new and further disability more than five years after the date of injury. [In this case, there had been no final adjudication of applicant's rights, including whether applicant's condition was permanent and stationary. Throughout the proceedings the WCJ properly reserved jurisdiction over the temporary disability being claimed to allow the record to be supplemented by additional medical evidence on the issue. This case involved a continuous period of temporary disability.] TCI, Inc. v. Workers' Compensation Appeals Board (James Wheeler) 5 WCAB Rptr 10,231

WCAB JURISDICTION– Labor Code §§5410 and 5904 limit the Appeals Board jurisdiction to reopen a case to award new and further disability more than five years after the date of injury. [In this case, the Appeals Board did not have jurisdiction to award temporary disability benefits more than five years after the date of injury because the temporary disability period was not continuous.] Vernon Brierly v. Workers' Compensation Appeals Board, Mission Construction. 5 WCAB Rptr 10,231

WCAB JURISDICTION– Workers' compensation exclusivity is a matter of subject matter jurisdiction and jurisdiction over subject matter cannot be established in the superior court on a theory of either estoppel or waiver. (See Summers v. Superior Court (1959) 53 Cal.3d 295.) Philip Travis v. Bruce Choder 5 WCAB Rptr. 10,207

WCAB JURISDICTION– Jurisdiction to enforce medical treatment award– Where there is an existing award of further medical treatment, the Appeals Board has jurisdiction to enforce the medical treatment award more than five years after the employee's date of injury, even when no petition for new and further disability has been timely filed. (See Barnes v. Workers' Comp. Appeals Bd. (2000) 23 Cal.4th 679, 2 WCAB Rptr. 10,267.) Pirelli Armstrong Tire Company, Allianz Insurance Company v. Workers' Compensation Appeals Board (Charles Van Zant) 5 WCAB Rptr. 10,189

WCAB JURISDICTION– Jurisdiction to enforce medical treatment award– In enforcing a general award of further medical treatment, the Appeals Board may require an employer to provide treatment for a condition that is a compensable consequence of the industrial injury, even if that condition was not part of the original award and even if the employee first requests treatment for the condition more than five years after the date of injury. Pirelli Armstrong Tire Company, Allianz Insurance Company v. Workers' Compensation Appeals Board (Charles Van Zant) 5 WCAB Rptr. 10,189

WCAB JURISDICTION– The superior court has no jurisdiction over the proceedings before the Workers' Compensation Appeals Board. (See Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028.) Labor Code §5955 provides that only the Supreme Court and the courts of appeals have subject matter jurisdiction over Workers' Compensation Appeals Board proceedings. Dunham Roofing, Inc, Cunningham Lindsey/Legion Insurance v. Workers' Compensation Appeals Board (Andres Cortez) 5 WCAB Rptr. 10,101

WCAB JURISDICTION– Reservation of jurisdiction to award further permanent disability in the case of a progressive disease– The Appeals Board has the power to reserve jurisdiction to determine permanent disability caused by a progressive occupational disease at a time more than five years from the date of injury. (See General Foundry Service v. Workers' Comp. Appeals Bd. (Jackson) (1986) 42 Cal.3d 331.) [In this case, the applicant was diagnosed as having hepatitis C that was found to be industrial with need for further medical treatment, but no permanent disability was awarded. The disease progressed and within five years of the date of injury applicant filed a Petition to Reopen. After further proceedings, the WCJ found an interim level of permanent disability and reserved jurisdiction for an award of additional permanent disability.] City of Santa Rosa v. Workers' Compensation Appeals Board (Robert Bertolucci) 5 WCAB Rptr. 10,082

WCAB JURISDICTION– Petition to Reopen– Labor Code §5804– The Appeals Board lacks jurisdiction to grant a petition to reopen for new and further disability under Labor Code §5804, where the applicant fails to file his petition to reopen within the five-year statute of limitations. [In this case, it was determined that the filing of a Declaration of Readiness raising the issue of entitlement to medical treatment was not the functional equivalent to a petition to reopen for new and further disability.] Maria Elena Lobos v. Workers' Compensation Appeals Board, Apparel Supplies of California. 5 WCAB Rptr. 10,081

WCAB JURISDICTION– Jurisdiction to enforce awards– The WCAB's authority under Labor Code §5803 to enforce awards should not be confused with its limited jurisdiction to alter prior awards by benefit augmentation at a later date. The jurisdiction to alter prior awards is subject to the limitations provisions of Labor Code §§5810 and 5804. (See Nickelsberg v. Workers' Comp. Appeals Bd. (1991) 54 Cal.3d 288.) Maria Elena Lobos v. Workers' Compensation Appeals Board, Apparel Supplies of California. 5 WCAB Rptr. 10,081

WCAB JURISDICTION– Petition to reopen– The petition to reopen was timely filed and the WCJ properly exercised jurisdiction over the applicant's claim for continuing temporary disability due to her need for surgery. [In this case, the defendant stipulated to a cumulative injury and the petition to reopen was filed within the five-year period provided in Labor Code §5410.] American National Insurance Company v. Workers' Compensation Appeals Board (Martha Diaz) 5 WCAB Rptr. 10,070

WCAB JURISDICTION– Continuing jurisdiction– Labor Code 5803– The continuing jurisdiction of the Workers' Compensation Appeals Board under Labor Code §5803 does not operate to extend the five-year period prescribed by Labor Code §§5804 and 5410. In other words, the Board's ability to increase an award of disability indemnity is conditional upon the timely filing of a petition to reopen within five years of the date of injury. (See Nicky Blair's Restaurant v. Workers' Comp. Appeals Bd. (1950) 109 Cal.App.3d 941.) Maria Yolanda-Castro v. Workers' Compensation Appeals Board, Regency Health Services, Inc. 4 WCAB Rptr. 10,346

WCAB JURISDICTION– Continuing jurisdiction– Labor Code §5804– The Appeals Board has continuing jurisdiction to enforce its awards. One method of enforcement is through the assessment of Labor Code §5814 penalties in appropriate instances. A 5814 penalty may be imposed as part of the Appeals Board's inherent power to enforce awards. (See U.S. Fidelity & Guaranty Co. v. I.A.C. (Hardy) (1929) 207 Cal.144.) Crawford & Company v. Workers' Compensation Appeals Board (Charles Babcock) 4 WCAB Rptr. 10,332

WCAB JURISDICTION– Labor Code §5804– While the Appeals Board has continuing jurisdiction over its orders, cecisions and awards to rescind, alter or amend any order, decision or award, no award of compensation shall be rescinded, altered, or amended after five years from the date of injury except upon a petition by a party in interest filed within such five years. Di Thi Ta v. Workers' Compensation Appeals Board, Khuong Nouyen. 4 WCAB Rptr. 10,318

WCAB JURISDICTION– Claims for damages for violation of the Americans with Disabilities Act. The Workers Compensation Appeals Board does not have jurisdiction for claims damages for an employer's alleged violation of the Americans with Disabilities Act. Lenard Coulter v. Workers' Compensation Appeals Board, Production Lapping Company. 4 WCAB Rptr. 10,243

WCAB JURISDICTION– Liability of unlicensed contractor– Labor Code §2750.5 creates a rebuttable presumption that a person performing services for which a license is required under the Contractor's License Law is an employee rather than an independent contractor. The primary effect of the worker's presumed employee status is that in the event of injury the ultimate hirer is liable for compensation. (See State Compensation Ins. Fund v. Workers' Comp. Appeals Bd. (1985) 40 Cal.3d 5.) Patricia Jayne Morales-Navarro v. Calvin Gregory. 4 WCAB Rptr. 10,227

WCAB JURISDICTION– Failure to provide workers' compensation coverage– Labor Code §3706– If the Workers' Compensation Act applies to the employment but the employer did not provide workers' compensation coverage, the employee may sue the employer in tort. Assumption of risk is not available as a defense in such an action. (See Devens v. Goldberg (1948) 33 Cal.2d 173.) [A triable issue of fact is raised as to whether an unlicensed contractor who is presumed an employee, without ensuring that he used safe equipment or providing other safety precautions was negligent.] Patricia Jayne Morales-Navarro v. Calvin Gregory. 4 WCAB Rptr. 10,227

WCAB JURISDICTION– Jurisdiction for California resident's out-of-state injuries-Labor Code §5305– The California Workers' Compensation Appeals Board has jurisdiction over all controversies arising out of injuries suffered outside the territorial limits of California in those cases where the injured worker is a resident of California at the time of the injury and the contract of hire was made in California. [The insurance coverage for California workers' compensation will apply when the injured worker is a resident of California and the contract of hire was made in California despite the fact that the injury occurred in Arizona. In this case the California insurer had been placed in liquidation and CIGA was required to respond even though the employer had a solvent insurer who had issued a workers' compensation policy covering the employer's operations in Arizona.] Salyer American Fresh Foods v. Workers' Compensation Appeals Board (Gabriela Bustamante) 4 WCAB Rptr. 10,134

WCAB PROCEDURE– Jurisdiction for expedited hearing– Once the initial injury is admitted then the WCAB has jurisdiction to hold an expedited hearing and to hear and decide the issues relating to the nature and extent of the industrial injuryl (See City of San Bernardino v. Workers Comp. Appeals Bd. (1997) 63 Cal.Comp.Cases 65.) [In this case the issue was whether the extent of applicant's injury included the low back and therefore the WCAB had jurisdiction to hear the issue at an expedited hearing.] Sav-On Drugs v. Workers' Compensation Appeals Board (Gina Cochran) 4 WCAB Rptr. 10,110

WCAB JURISDICTION– Failure to timely file an appeal a Rehabilitation Unit determination– The failure to timely file a notice of appeal of a determination of the Rehabilitation Unit deprives the workers' compensation judge and the Workers' Compensation Appeals Board of jurisdiction to hear objections to termination of vocational rehabilitation benefits on the merits. (See Laird v. Workers' Comp. Appeals Bd. (1983) 147 Cal.App.3d 198.) Steven T. Jessup v. Workers' Compensation Appeals Board, Wal Mart. 4 WCAB Rptr. 10,046

WCAB JURISDICTION– Labor Code §4700– The death of an injured worker does not deprive the Workers' Compensation Appeals Board of jurisdiction to approve a compromise and release, disburse benefits pursuant to Labor Code §4700 and determine the terms of payment. Desire Alley v. Workers' Compensation Appeals Board (Willie Alley, Jr.) 4 WCAB Rptr. 10,041

WCAB JURISDICTION– Uncashed checks at time of death– Labor Code §4700, a specific statute relating to the particular workers' compensation benefits in issue, would make probate jurisdiction inappropriate. [Probate Code §7000 provides that a decedent's property, including uncashed checks, are subject to the Probate Code and probate court jurisdiction "except as otherwise provided by law."] Desire Alley v. Workers' Compensation Appeals Board (Willie Alley, Jr.) 4 WCAB Rptr. 10,041

WCAB JURISDICTION– The Appeals Board still has jurisdiction even though the WCJ failed within 30 days after submission, to make and file findings upon all facts and issue a decision as required by Labor Code §5313. (See Liberty Mutual Ins. Co. v. Ind. Acc. Com. (1964) 231 Cal.App,2d 501.) Wayne Greenberg v. Workers' Compensation Appeals Board, The Boy Scouts of America. 3 WCAB Rptr. 10,363

WCAB JURISDICTION– Reservation of jurisdiction– The Appeals Board has the power to continue its jurisdiction beyond the five-year period when an application is made within that period. (See Gobel v. Industrial Acc. Com. (1934) 1 Cal. 2d 100.) County of Marin v. Workers' Compensation Appeals Board (Kenneth Carter) 3 WCAB Rptr. 10,356

WCAB JURISDICTION– Reservation of jurisdiction– The Appeals Board may reserve jurisdiction on the issue of permanent disability when an employee's condition is not permanent and stationary and then determine the issue after the statutory five-year period. (See Westvaco Corp. v. Ind. Acc. Com. (1955) 136 Cal.App.2d 60.) County of Marin v. Workers' Compensation Appeals Board (Kenneth Carter) 3 WCAB Rptr. 10,356

WCAB JURISDICTION– Reservation of jurisdiction in progressive disease cases– The Appeals Board may properly reserve jurisdiction to award permanent disability in a case in which a worker is infected with Hepatitis C, but has not yet been found by medical experts to have any disability as a result of the disease. (See Tenet/Garfield Medical Center v. Workers' Comp. Appeals Bd. (Langhran) (2000) 2 WCAB Rptr. 10,359.) County of Marin v. Workers' Compensation Appeals Board (Kenneth Carter) 3 WCAB Rptr. 10,356

WCAB JURISDICTION– Jurisdiction over uninsured employer– The Uninsured Employers' Fund has the burden of proof with regard to establishing the jurisdiction of the Appeals Board over an uninsured employer. The evidence required includes proof of service of a copy of the Application and Special Notice of Suit. The proof of service must comply with the specific requirements mandated by sections 417.10 and 417.20 of the California Code of Civil Procedure. The proof of service must comply with the provisions of section 2015.5 of the California Code of Civil Procedure which sets forth the necessary requirements with regard to the admissibility and use of an affidavit executed outside the State of California. Herbert Holtzman v. Workers' Compensation Appeals Board (Clemeth Monks) 3 WCAB Rptr. 10,311

WCAB JURISDICTION– Indian Tribe sovereign immunity– The Appeals Board does not have jurisdiction over a federally recognized Indian Tribe for purposes of enforcing California's workers' compensation laws, unless the Tribe waives its sovereign immunity. Shingle Springs Band of Miwok Indians v. Workers' Compensation Appeals Board (Kimberly Ivester) 3 WCAB Rptr. 10,300

WCAB JURISDICTION– Employee hired in California– Labor Code §3600.5– In this case a California resident was asked to drive from California to Oklahoma to be interviewed, be physically examined and his ability to drive a tractor-trailer tested. These requirements which had to be met after he arrived in Oklahoma could be considered as conditions subsequent, which did not prevent the formation of the contract of hire in California. (See Bowen v. Workers' Comp. Appeals Board (1999) 73 Cal.App.4th 15.) Rocor Transportation v. Workers' Compensation Appeals Board (Troy Miller Ransom) 3 WCAB Rptr. 10,243

WCAB JURISDICTION– WORKERS' COMPENSATION BENEFITS FOR INJURIES OUTSIDE CALIFORNIA– Labor Code §5305– A worker who is a California resident at the time of injury and the employment contract was entered into in California is entitled to workers' compensation benefits from California for an industrial injury suffered outside the territorial limits of California. If the employer has a workers' compensation policy which covers the injury where the injury occurred, but did not have a workers' compensation policy with an insurer "duly authorized and licensed to write compensation insurance in California; the choice of law analysis would not permit the injured worker to sue the employer in tort for damages including attorney fees pursuant to Labor Code §3706 and to invoke the applicable presumption of employer negligence. Gina Tucci v. Club Mediterranee, S.A. 3 WCAB Rptr. 10,165

WCAB JURISDICTION– Continuing jurisdiction– Labor Code §5803– The Appeals Board has continuing jurisdiction over all its orders, decisions and awards. At any time, upon notice and after an opportunity to be heard us given the parties in interest, the Appeals Board may rescind, alter or amend any order, decision, or award when good cause is established. Louis Domenico v. Workers' Compensation Appeals Board, North State Grocery Inc. 3 WCAB Rptr. 10,139

WCAB JURISDICTION– title 8, California Code of Regulations section 10301– The term "applicant" is defined in Title 8, section 10301 as any person asserting a right to relief under the provisions of Labor Code §5300 which includes among the proceeding which may be instituted before the Appeals Board proceedings for the enforcement against any employer or insurer of any liability for compensation imposed on the employer by division 4 of the Labor Code. Thus an application filed one of the injured worker's employers was properly filed. CIGNA/ACE USA v. Workers' Compensation Appeals Board (Robert Martinez) 3 WCAB Rptr. 10,078

WCAB JURISDICTION– Labor Code §3600.5– If an employee who has been hired or is regularly employed in California, sustains injury arising out of and in the course of such employment outside the state, the employee is entitled to compensation benefits according to the laws of California. New York Yankees v. Workers' Compensation Appeals Board (john Montefusco) 3 WCAB Rptr. 10,057

WCAB JURISDICTION– The WCAB has exclusive subject matter jurisdiction for a dispute between an injured worker and her employer's workers' compensation insurance carrier relating to the purported mishandling of the carrier's lien on the worker's settlement with a third party tortfeasor. Michelle Hughes v. Argonaut Insurance Company. 3 WCAB Rptr. 10,132

WCAB JURISDICTION– Jurisdiction to reopen– Labor Code §5803– The Workers' Compensation Appeals Board maintains continuing jurisdiction over a disability claim for five years from the date of injury. The authority to modify a final determination under Labor Code §5803 depends on upon a showing of good cause. Without a showing of good cause, the Appeals Board has no power to disturb its prior ruling. Wendy Young v. Workers' Compensation Appeals Board, Addus Healthcare 5 WCAB Rptr. 10,251

WCAB JURISDICTION–Petition to reopen–Labor Code §5804–In the absence of a showing of extrinsic fraud, the Appeals Board has no jurisdiction to rescind, alter, or amend any award for good cause unless a petition to reopen is timely filed within five years after the date of injury. This is jurisdictional and may not be waived nor may equitable estoppel be applied. (See Seldon v. Workers' Comp. Appeals Bd. (1986) 176 Cal.App.3d 877.) Robinson Helicopter v. Workers' Compensation Appeals Board (William McCann) 5 WCAB Rptr. 10,293