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When your workers’ compensation injury is resolved by Stipulations with Request for Award, part of the stipulations may state there is need for future medical treatment. Although there is an award for medical treatment, it must be related to your industrial injury and go through utilization review. In addition, you may be entitled to additional temporary disability and permanent disability benefits.
With regard to temporary disability, entitlement depends on the date of injury and benefits already paid. For injury dates after January 1, 2008 you are entitled to 104 weeks, within a five year period of your injury date. (Labor Code §4656(c)(2)).
With regard to permanent disability a petition can be filed alleging that since the Award was approved by the judge that the disability has increased. This petition must be filed within five years after the injury date. (Labor Code §5410). If filed, a medical report will be required by either a panel qualified medical examiner or an agreed medical examiner to address any increase. You will generally return to the medical/legal examiner upon whose reports your case was originally resolved.
The Workers’ Compensation Appeals Board will retain jurisdiction over your claim for issues with medical treatment, temporary disability and permanent disability benefits.
If you have questions about your workers’ compensation injury or Award and want to talk to an attorney in Fresno, please call 559-408-7436 or fill out the form to the right.