Applicant's Petition to Reopen was timely filed within five years of original injury, invoking continuing jurisdiction.
Favours Applicant prevailed
Established jurisdiction for new and further disability claim.
From the decision · page 6Applying these principles to the matter at bar, we first observe that applicant has timely
invoked the continuing jurisdiction of the Workers' Compensation Appeals Board (WCAB). The
parties have stipulated that applicant's injury was sustained from June 26, 2014 to June 13, 2016.
(Minutes of Hearing, dated October 28, 2025, at p. 2:12.) Applicant's Petition to Reopen was filed
on April 13, 2021, which is within five years of applicant's original injury. Accordingly, the
Petition for New and Further Disability timely invokes the continuing jurisdiction of the WCAB.
(Lab. Code, § 5410; Cal. Code Regs., tit. 8, § 10536.) Once invoked, the jurisdiction granted the
WCAB by section 5410 continues until such time as the underlying petition is resolved.
Applicant alleged new and further disability to original and additional body parts, supported by contemporaneous medical records and trial testimony.
Favours Applicant prevailed
Supported claim but medical evidence was insufficient to adjudicate compensability.
From the decision · page 6Applicant's alleged symptoms with respect to her left knee and body parts claimed as a
compensable consequence of the original injury are reflected in both the trial testimony and in the
medical record. Applicant's trial testimony indicates that following the finalization of her Award
in 2021, she experienced an increase in symptoms, including clicking in the left knee and the knee
giving way unexpectedly. (Minutes of Hearing and Summary of Evidence, dated December 16,
Medical evidence addressing compensable consequence injuries beyond left knee was lacking, necessitating further development of the record.
Favours Defendant prevailed
Required deferral of issue for further evidentiary development.
From the decision · page 9Medical evidence is thus required to ascertain whether applicant's original injury has
resulted in new and further disability and whether applicant's claimed additional body parts and
systems are compensable consequence injuries. (Applied Materials, supra, 64 Cal.App.5th 1042,
1080; Sarabi, supra, 151 Cal.App.4th at p. 926; Weitzman, supra, 23 Cal.3d 158.) While the parties
have obtained reporting from QME Dr. Samson addressing applicant's left knee disability, no
equivalent reporting has been obtained addressing any other of the claimed body parts/systems.
Because neither side has presented substantial evidence on which a decision could be based, we
conclude that the evidentiary record must be developed. (McKernan, supra, 74 Cal.App.4th.928;
Tyler, supra, 56 Cal.App.4th at pp. 393-395.)