CompFox AI Summary
This case concerns whether the defendant provided adequate notice to the applicant regarding her workers' compensation rights, specifically concerning the statute of limitations. The applicant, who does not speak English, received notices only in English, which may violate Labor Code Section 5401's requirement for notices to be available in both English and Spanish. The Workers' Compensation Appeals Board (WCAB) rescinded the prior findings and returned the case for further proceedings to determine if the statute of limitations should be tolled. The WCAB emphasized the need to investigate whether the applicant had actual knowledge of her rights and obligations despite the language barrier.
Full Decision Text1 Pages
This case concerns whether the defendant provided adequate notice to the applicant regarding her workers' compensation rights, specifically concerning the statute of limitations. The applicant, who does not speak English, received notices only in English, which may violate Labor Code Section 5401's requirement for notices to be available in both English and Spanish. The Workers' Compensation Appeals Board (WCAB) rescinded the prior findings and returned the case for further proceedings to determine if the statute of limitations should be tolled. The WCAB emphasized the need to investigate whether the applicant had actual knowledge of her rights and obligations despite the language barrier.
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