No award of compensation shall be rescinded, altered, or amended after five years from the date of the injury except upon a petition by a party in interest filed within such five years and any counterpetition seeking other relief filed by the adverse party within 30 days of the original petition raising issues in addition to those raised by such original petition. Provided, however, that after an award has been made finding that there was employment and the time to petition for a rehearing or reconsideration or review has expired or such petition if made has been determined, the appeals board upon a petition to reopen shall not have the power to find that there was no employment.
Cal. Lab. Code § 5804
Findings and Awards
Applied in 10 court decisions — leading case 68 Cal. 2d 753 - Evans v. Workmen's Compensation Appeals Board (1968)
Most recently applied in 218 Cal. App. 4th 258 - State Farm General Insurance v. Workers' Compensation Appeals Board (July 2013)
Amended by Stats. 1965, Ch. 1513.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.