Does LC 5804 quash LC 5803.5? (California)

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Does LC 5804 quash LC 5803.5? (California)

Postby sunset Estates on Mon Aug 24, 2015 9:03 pm

LC 5803.5 “Any conviction pursuant to Section 1871.4 of the Insurance Code that materially affected the basis of any order, decision, or award of appeals board shall be sufficient grounds for a reconsideration of that order, decision, or award.”

Does

LC 5804 “No award of compensation shall be rescinded, altered, or amended after five years.”

quash LC 5803.5 if a conviction occurs after five years from the award?

Interpretation if this breaks SOL please
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Re: Does LC 5804 quash LC 5803.5? (California) (California) (Cal

Postby Barney5 on Wed Aug 26, 2015 7:33 pm

Hi sunset Estates,

I am not an expert with these codes, LC 5804 has to do with 5 year SOL and LC 5803 is the ability of a board to enforce an award. Some things have changed since SB863 for example past medical awards are now subject to UR and IMR and cannot be enforced by a judge.I am a little confused about your question as it is broad (maybe to others it is not). I would recommend a more specific question and hopefully you will get an answer by someone who has knowledge of these codes.

Best of luck to you.
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Re: Does LC 5804 quash LC 5803.5? (California)

Postby sunset Estates on Thu Aug 27, 2015 6:10 am

I am hoping for case law "specific" haven't seen anything with both codes addressing this question in my search.
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Re: Does LC 5804 quash LC 5803.5? (California)

Postby anon2013 on Thu Aug 27, 2015 12:48 pm

If you are asking if the board retains jurisdiction after a fraud conviction to order restitution, the answer is yes. The restitution is only ordered as to the extent of the material fraud and would not be enforceable as a credit against other benefits. For example, there was a case about an applicant who defrauded an insurance company by submitting false receipts for orthopedic shoes. The applicant was entitled to continuing treatment and care under his award, but would not be entitled to further compensation that stem from the fraudulent conduct (no more shoes).
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Re: Does LC 5804 quash LC 5803.5? (California)

Postby sunset Estates on Thu Aug 27, 2015 4:09 pm

The board always retains jurisdiction my questions is after 5 years/SOL regarding LC 5804 and the “award" that is the ?

LC 5803.5 “Any conviction pursuant to Section 1871.4" So the BIG QUESTION is "any". If a conviction comes beyond 5 years does that negate LC 5804.

Haven't found case law answering this question you have two laws seemingly contradicting each other. All I have is theory they could be argued both ways.
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Re: Does LC 5804 quash LC 5803.5? (California)

Postby sunset Estates on Sat Sep 05, 2015 11:52 am

It does appear Section 5803 is limited by section 5804.

I am sorry professionals no longer frequent the injured workers sites like they use too.
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