Sarabi

Petitioner Mike Sarabi challenges an order of the Workers’ Compensation Appeals Board (Board) holding it had no jurisdiction to award him additional temporary total disability (TTD) benefits for a period commencing more than five years after the date of his injury. The Board’s holding was in error, and we therefore annul its order and remand the case for a new order consistent with this opinion.

I. Factual and Procedural Background

Sarabi, a night manager at Narsi’s Hof-Brau, sustained an industrial injury to his right shoulder on August 28, 1999. In a findings and award dated December 15, 2000, the workers’ compensation judge (WCJ) awarded Sarabi TTD benefits from August 29, 1999, through December 2, 1999, and found further medical treatment was necessary.

Sarabi underwent right shoulder surgery on January 18, 2002, and filed a petition to reopen on November 15, 2002, alleging that “a change in [his] condition [had] resulted] in further periods of temporary disability.” On May 26, 2004, orthopedic surgeon Dr. Gary P. McCarthy stated Sarabi was temporarily disabled and needed further right shoulder surgery in order to reach a permanent and stationary status. He stated…