Home/Case Law/PAUL ESCUDERO vs. CISCO SYSTEMS, INC., ZURICH AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

PAUL ESCUDERO vs. CISCO SYSTEMS, INC., ZURICH AMERICAN INSURANCE COMPANY

Filed: Sep 09, 2014
Los Angeles
ADJ6937263

CompFox AI Summary

The Workers' Compensation Appeals Board denied Cisco Systems' petition for reconsideration, upholding the finding that the applicant's claim was not barred by the statute of limitations. The Board adopted the WCJ's reasoning that Cisco failed to prove the applicant had actual knowledge of his workers' compensation rights. Specifically, the employer did not provide legally required notices, and the applicant's vague consultation with a civil attorney did not constitute sufficient actual knowledge to start the statute of limitations. The Board also noted that actual knowledge cannot be imputed solely by an employee's representation by counsel.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Cisco Systems' petition for reconsideration, upholding the finding that the applicant's claim was not barred by the statute of limitations. The Board adopted the WCJ's reasoning that Cisco failed to prove the applicant had actual knowledge of his workers' compensation rights. Specifically, the employer did not provide legally required notices, and the applicant's vague consultation with a civil attorney did not constitute sufficient actual knowledge to start the statute of limitations. The Board also noted that actual knowledge cannot be imputed solely by an employee's representation by counsel.

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