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Barnes v. Workers' Compensation Appeals Board

Petition to terminate workers' compensation precautionary medical award must be filed no later than five years following date of injury.

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The full case caption appears at the end of this opinion.

An employee suffers a compensable industrial injury and is granted a precautionary award for future medical care. More than five years later, the employer petitions to terminate its future liability for such care, contending the employee’ s continuing physical problems are not the result of the original industrial injury. We address in this case whether the employer’ s petition to terminate its liability for potential future medical care is barred by Labor Code [FOOTNOTE 1] section 5804, which states that “[n]o award of compensation shall be rescinded, altered, or amended after five years from the date of the injury . . . .”

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