CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration, upholding a prior decision. The Board found that the employer, Discovery Foods, LLC, failed to prove applicant Juan Alvarado was adequately notified of his workers' compensation rights. Crucially, Labor Code section 5401(b) mandates notices be in both English and Spanish, and Alvarado does not read English. The Board clarified that general knowledge of the workers' compensation system does not equate to actual knowledge of potential eligibility for a specific injury. Finally, the employer waived the defense of laches by failing to raise it at trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration, upholding a prior decision. The Board found that the employer, Discovery Foods, LLC, failed to prove applicant Juan Alvarado was adequately notified of his workers' compensation rights. Crucially, Labor Code section 5401(b) mandates notices be in both English and Spanish, and Alvarado does not read English. The Board clarified that general knowledge of the workers' compensation system does not equate to actual knowledge of potential eligibility for a specific injury. Finally, the employer waived the defense of laches by failing to raise it at trial.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.