Case Law Database

DANIELLE SIMPSON vs. DARDEN RESTAURANTS, INC., dba OLIVE GARDEN, XL INSURANCE AMERICA, INC., administered by GALLAGHER BASSETT SEVICES, INC.

In this workers' compensation case, the defendant argued the applicant's claim was time-barred. The applicant filed an application for adjudication on October 25, 2019, for an injury on May 13, 2017, after receiving benefits. The Appeals Board granted reconsideration to correct a factual error regarding the application filing date. The Board affirmed the original decision, finding the application timely filed within the five-year "new and further disability" period under Labor Code section 5410, as benefits had been voluntarily provided by the employer.