Extension of Time to File Rehabilitation Benefits After Workplace Injury
In Vosberg Chevrolet v. Workers' Comp. Appeals Bd. (1990) 55 Cal.Comp.Cases 162 (Vosberg), an employee suffered an injury in 1982 and, prior to the expiration of the five-year statute of limitations, requested an extension of time to file for rehabilitation benefits.
The employee then requested benefits prior to expiration of the five-year period; the bureau made inquiries of the employer, but took no further action.
After the expiration of the five-year period, the employee filed a request for reinstatement of rehabilitation services. the bureau denied the request. (Id. at p. 163.)
The Workers' Compensation Appeals Board found the employee's request timely, stating, "the Rehabilitation Bureau retains jurisdiction to award rehabilitation services beyond the five years from the date of injury if the services were originally requested within five years but deferral is requested due to the applicant's condition." (Vosberg, supra, 55 Cal.Comp.Cases at p. 163.)