Date of injury in 2003. Applicant declared P&S in 2005. AME states Applicant needs surgery on an industrial basis for a condition which developed as a compensable consequence of original orthopedic injury. There has been no Stip, F&A, etc. Original case has never settled, and remains open. My understanding of the Acosta case is that TTD is due under these circumstances, as this issue has not previously been decided, notwithstanding that five years has elapsed following the date of injury.
However, one of the Judges that the Van Nuys WCAB recently told me that TTD was not due in this circumstance in accordance with recent case law that WCAB jurisdiction to award TTD is terminated after 5 years from the date of injury pursuant to LC 4656. Even though that section clearly references temporary partial disability, recent case law has applied this section to TTD. The Judge could not remember the case name.
I cannot find any recent case law in support of this proposition. Am I missing something?