What the panel ordered
Petition for Reconsideration granted; Findings & Award amended to 34% permanent disability; matter returned to WCJ for new decision on award and attorney's fees.
Applicant sought reconsideration of the Findings & Award issued on April 2, 2024, which granted reopening but maintained a 29% permanent disability award; applicant argued the award should be 34% due to defendant's failure to file a counterpetition limiting jurisdiction to increase only.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB held that the WCJ lacked jurisdiction to reduce the PD award without a defendant petition or counterpetition, so the decrease in right shoulder disability could not be considered, resulting in a 34% PD award based on the original right shoulder rating and increased left shoulder rating.
From the decision · page 3A final order, decision, or award may be rescinded, altered, or amended either upon a petition to reopen filed within five years of the employee's date of injury or upon a counterpetition filed by an adverse party within 30 days of a timely original petition to reopen. (Lab. Code, § 5803, 5804.) However, except in rare circumstances not present here (e.g., extrinsic fraud/mistake or an insidious disease process), these time limits are jurisdictional. (Selden v. Workers' Comp. Appeals Bd. (1986) 176 Cal.App.3d 877, 882 [51 Cal.Comp.Cases 28]; Smith v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 1160, 1169§ 1170 [50 Cal.Comp.Cases 311].)