O'Loughlin v. Workers' Compensation Appeals Board

Opinion

NEWSOM, J.

In this case, we hold that an initial request for vocational rehabilitation benefits is timely under Labor Code section 5405.5 1 where it was presented within one year from the date of the last finding of permanent disability, even though more than five years had elapsed since the date of injury. Petitioner Phillip O’Loughlin (hereafter applicant) seeks review of a decision of the Workers’ Compensation Appeals Board (hereafter Board) which held that applicant’s request for vocational rehabilitation benefits was barred by the five-year time limitations of sections 5410 2 and 5…