Newton

Petitioner Richard M. Newton (applicant) seeks review of the decision of respondent Workers’ Compensation Appeals Board (Board) that his claim for workers’ compensation benefits for a psychiatric injury allegedly sustained due to problems encountered while participating in a vocational rehabilitation (VR) program implemented by respondent employer Cal-Wood Door/Weyerhaeuser Claims (employer) is precluded by the statute of limitations.

We hold that applicant’s alleged psychiatric injury is not barred by the five-year statutory time limitations on the Board’s continuing jurisdiction under Labor Code sections 5410 and 5804. We further hold that applicant’s psychiatric claim for statute of limitations purposes is a new injury claim, subject to the time limitations set forth in section 5405, even though for purposes of liability it will relate back to the original industrial injury if found compensable on remand.

Background

Applicant sustained an industrial injury to his back on March 10, 1987, while working for employer as a production woodworker. Workers’ compensation benefits were provided. On January 10, 1990, findings and an award issued. A permanent disability award…