What Is California Labor Code §5410 (Five-Year Window to Reopen a Claim)?

Nothing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date of the injury upon the ground that the original injury has caused new and further disability.

What does Labor Code 5410 allow?

Labor Code 5410 lets an injured California worker reopen a closed comp claim within five years of the date of injury for new and further disability. It is the safety valve when a closed case worsens.

Labor Code 5410 gives injured workers a second chance. A claim that was settled may need to be reopened. The worker's condition may have worsened. New treatment may be needed. New symptoms may have appeared. The worker can petition the WCAB to reopen within five years of the original injury date.

Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California. He files Labor Code 5410 petitions to reopen when prior settlements no longer cover the worker's medical needs.

What is "new and further disability" under Labor Code 5410?

New and further disability means a measurable worsening of the original industrial injury that was not contemplated at settlement, such as surgery now required, a new body part involved, or a significantly increased impairment rating.

Routine ongoing treatment is not enough. The standard requires a real change. A previously settled back injury that now needs surgery qualifies. An industrial shoulder condition that has progressed to chronic pain syndrome qualifies. A new body part symptomatic from the original injury also qualifies. Prior symptoms continuing without change do not meet the standard.

How does the five-year timing under Labor Code 5410 work?

The five-year clock runs from the original date of injury, not from the settlement date or from the date the worsening was discovered. A worker injured in 2022 has until 2027 to file.

For a specific traumatic injury, the clock starts on the date of the accident. For cumulative trauma, the date is set under Labor Code 5412. That date is when the worker became disabled and knew the injury was industrial. A worker who waits past the five-year window loses the right to reopen. The deadline cannot be extended by agreement.

What can be recovered when a Labor Code 5410 reopening is granted?

A granted reopening can recover additional medical care, temporary disability for new periods off work, increased permanent disability reflecting the worsened condition, and an updated SJDB voucher under Labor Code 4658.7.

The worker receives additional medical treatment under Labor Code 4600. Additional temporary disability flows under Labor Code 4653 for any new period off work. Increased permanent disability is rated under Labor Code 4660. Reopenings on back cases that later require surgery can add substantial comp recovery.

How does Labor Code 5410 interact with a Compromise and Release?

A Compromise and Release under Labor Code 5001 closes the right to reopen entirely. A Stipulated Award under Labor Code 5003 preserves the right. This difference is one of the most consequential decisions in any California comp settlement.

Under Labor Code 5001, a Compromise and Release closes the Labor Code 5410 right. The worker receives a lump sum. The right to come back is gone. Under Labor Code 5003, Stipulations settle only the benefits known at that time. The Labor Code 5410 right is preserved for any future worsening. The choice depends on the worker's medical prognosis.

Related: California settlement pillar · Labor Code 5412 explainer.

Eman Yazdchi is a Certified Specialist in workers' compensation law, certified by the California Board of Legal Specialization, State Bar of California. Yazdchi Law serves injured workers throughout Greater Los Angeles. We appear at the WCAB in Van Nuys, Los Angeles, Long Beach, Pomona, San Bernardino, Riverside, and Oxnard. Call (661) 273-1780 for a free case review.