Wcab
Granite Construction Co. v. Workers' Compensation Appeals Board
Opinion
Opinion
Hull, J.
Petitioners Granite Construction Company (Granite) and RSKCo seek review of a decision of the Workers’ Compensation Appeals Board (Board) awarding additional benefits to respondent Carl D. McReynolds (McReynolds) for new and further disability. Petitioners contend McReynolds did not submit a timely claim for new and further disability; thus the Board lacked jurisdiction to issue the award. We agree and annul the Board’s decision.
FACTS AND PROCEEDINGS
On September 12, 1990, McReynolds injured his back and legs while working as a cement mason for Granite. At the time, Granite’s workers’ compensation benefits were adjusted by RSKCo. On August 19, 1991, McReynolds filed a claim with the Board (case No. STK 0086967).
On August 28, 1991, McReynolds sustained injury to his lower back while working as a cement mason for D.S.S. Engineering (DSS). DSS was insured for purposes of workers’ compensation by Liberty Mutual Insurance Company (Liberty Mutual). McReynolds filed a claim with the Board (case No. STK 0096339).
On February 23, 1993, McReynolds moved to consolidate the two cases.
On or about March 26, 1993, the cases were settled by stipulation of the parties. The…