Sanchez

Sanchez v. Workers' Compensation Appeals Board

Good Law
1990 Cal. App. LEXIS 40·217 Cal. App. 3d 346·266 Cal. Rptr. 21·55 Cal. Comp. Cases 179
Court of Appeal of CaliforniaJanuary 23, 1990A044723California4,353 words

Opinion

Opinion

J.—Petitioner Lawrence Sanchez (applicant) seeks review of an en banc decision (4-3) of the Workers’ Compensation Appeals Board (Board) which found that applicant’s initial request for vocational rehabilitation benefits, made within one year of the order approving a compromise and release, but more than five years after the date of injury, was barred by the statute of limitation under Labor Code section 5410. The Board held that section 5405.5, enacted on January 1, 1983, is limited by the five-year limitation provision in section 5410.

Applicant contends, as did three dissenting Board commissioners, that his request for rehabilitation benefits, initially made, is timely under section 5405.5 because it was made within one year of the order approving the compromise and release of other issues. Applicant further contends that section 5405.5 is applicable to his claim for rehabilitation, even though his injury occurred before its effective date, because his claim was not barred when the statute went into effect on January 1, 1983. We concur, and for the reasons discussed below, we annul the Board decision.

Factual and Procedural History

Applicant was…

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