stewshe@comcast.net
Senior Member
Posts: 1381
Joined: Jun 2002
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Tuesday July 15, 2008 4:52 PM
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rosellavera,
Was there a D&O of the RU which became final...i.e., was not appealed after 2002? Was a plan completed? Was a plan started?
Did the defendant send an RU-105 Terminating VR in 2002 or in the past few years?
Was a Petition for New & Further filed within 5 years which included "rehab?"
The key is not "initial request" for services, per Youngblood, but rather did the RU lose jurisdiction by the passage of time and orders terminating rehab or making final orders which caused jurisdiction to lapse within the 5 years?
Does the claim qualify under the other statutory exception, a request for services within 1 year of Award/C&R?
I had a case once where I filed 4 or 5 dispute resolutions to keep jurisdiction open when a defendant refused to agree to extend the time to request rehab...EE had 5 total hip replacements, back fusions, and around 8 years post injury the defendant finally agreed to an interruption of rehab for 6 months after the end of TD. The RU would only order interruptions for up to a year.
Bottom line is a lot more facts are needed. If the RU has jurisdiction and a plan was completed there may still be a request for a second plan if all the criteria are met.
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Stew (James T. Stewart) e-mail: stewshe@comcast.net
Author: Work Comp Index & Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender.
7th ed. Work Comp Index (912 pgs), $119.00 ea; next ed. summer, 2010 {Discounts for orders of 12 or more}
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James T. Stewart; 1937 Santa Ana; Clovis, CA 93611
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