CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ9 088743
Regular
Jan 26, 2016

LEO ESTRELLA vs. MILWAUKEE BREWERS, SAN FRANCISCO GIANTS, ACE USA

The Workers' Compensation Appeals Board denied Leo Estrella's petition for reconsideration, upholding the administrative law judge's finding that his cumulative injury claim against the Milwaukee Brewers and San Francisco Giants was time-barred by the one-year statute of limitations. The Board found that applicant knew or should have known of his right to file a claim more than one year prior to filing, precluding application of the five-year "new and further disability" statute. Applicant's contention that the statute of limitations was tolled due to lack of knowledge was rejected, as the evidence indicated he was aware of the industrial causation of his injuries by 2009. One commissioner dissented, arguing the date of injury should be 2013 and that defendants failed to prove applicant's knowledge of his rights or the statute of limitations.

Workers' Compensation Appeals BoardCumulative InjuryStatute of LimitationsLabor Code Section 5405Labor Code Section 5410New and Further DisabilityTollingDate of InjuryIndustrial CausationProfessional Baseball Player
References
Case No. ADJ4398201 (SAC 0290129)
Regular
Oct 29, 2008

OCTAVIO BAEZ vs. BARRETT BUSINESS SERVICES

This case concerns an employer's appeal of a temporary total disability award beyond the five-year statute of limitations for an industrial injury. The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings, finding that case law requires temporary disability to straddle the five-year anniversary of the injury. Specifically, a medical opinion is needed to determine if the applicant was temporarily disabled due to the industrial injury in January and February 2004, just before the five-year mark.

Temporary total disabilityStatute of LimitationsFive-year anniversaryNew and further disabilityTollingReconsiderationLabor Code section 5410Labor Code section 5803Labor Code section 5804Nickelsberg
References
Case No. ADJ8572033
Regular
Jan 23, 2017

NELLY MOLINA vs. MACY'S CORPORATE SERVICES, Permissibly Self-Insured, Administered By MACY'S

This case involves a lien claim by Industrial Healthcare for medical services provided to applicant Nelly Molina from November 6, 2012, to September 10, 2013. The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing the lien, upholding the administrative law judge's finding that the lien was untimely. The WCAB ruled that because the last date of service (September 10, 2013) was after July 1, 2013, the 18-month statute of limitations under Labor Code section 4903.5(a) applied, making the lien filed on September 2, 2015, tardy. A dissenting opinion argued that continuous services provided both before and after July 1, 2013, should be subject to the three-year statute of limitations, allowing for a single lien filing.

Labor Code section 4903.5(a)statute of limitationslien claimreconsiderationOrder Dismissing Lienworkers' compensation administrative law judgeIndustrial HealthcareInnovative Medical ManagementMacy's Corporate Servicescontinuous treatment
References
Case No. ADJ9972218
Regular
May 30, 2025

Andres Hernandez vs. Pearce Services, Inc.; Sparta Insurance Company

This case concerns Andres Hernandez's Petition for Reconsideration regarding a workers' compensation administrative law judge's finding that his Petition to Reopen was time-barred by Labor Code section 5410. The applicant sustained an industrial injury to his left knee in December 2013, leading to a stipulated Award in May 2015. Following left knee surgery in October 2018, he filed a Petition to Reopen in February 2019, claiming new and further disability. The Workers' Compensation Appeals Board affirmed the WCJ's decision, concluding that the five-year statute of limitations was not tolled by the defendant's provision of benefits or notices, as the applicant did not prove receipt or reliance on any affirmative statement to delay filing before the limitation period expired. Thus, the claim for new and further permanent disability was barred.

Petition to ReopenFive-Year Statute of LimitationsLabor Code Section 5410New and Further DisabilityStipulated AwardTemporary DisabilityPermanent DisabilityNotice of Ending BenefitsTollingEstoppel
References
Case No. ADJ87-41561
Regular
Mar 18, 2016

OMAYRA GUERRERO vs. EASY STAFFING, LUMBERMEN'S UNDERWRITING ALLIANCE

This case concerns a lien claim filed by Advance Care Specialist Medical Clinic (ACSMC) for services provided to an injured worker. The Workers' Compensation Appeals Board denied ACSMC's petition for reconsideration, affirming a prior order that barred the lien as untimely filed under Labor Code section 4903.5(a). The majority found that since the last date of service was September 23, 2013, after the July 1, 2013 amendment, the 18-month filing limitation applied, and ACSMC's August 19, 2015 filing was too late. The dissenting opinion argued that for continuously provided services spanning before and after July 1, 2013, the three-year limitation should apply to avoid requiring multiple lien filings and prevent absurd results.

Workers' Compensation Appeals BoardLabor Code 4903.5(a)Statute of LimitationsLien ClaimReconsiderationLast Date of Service18-month limitation period3-year limitation periodRetroactive applicationReasonable time
References
Case No. ADJ2523054 (POM 2523054) ADJ8607480 ADJ9435881
Regular
Feb 18, 2020

JOSE SALAZAR vs. JAMES JONES COMPANY, INC.; MUELLER GROUP C/O SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior administrative law judge's decision. The Board held that the applicant failed to demonstrate extrinsic fraud or mistake to set aside a 2004 stipulated award, as the petition was filed over fifteen years after the award, well beyond the five-year statutory limit. The applicant's claim of not understanding the settlement documents, even if accepted, did not show he was prevented from presenting his case or that he diligently pursued relief. Therefore, the applicant's petition to set aside the stipulated award was denied.

Workers' Compensation Appeals Boardpetition for reconsiderationextrinsic fraudstipulated awardset asideLabor Code section 5803Labor Code section 5804five-year periodgood causeequitable relief
References
Case No. ADJ9758295
Regular
Dec 10, 2018

JOHN BAILEY vs. DEPARTMENT OF TRANSPORTATION DISTRICT 3

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding that the applicant's claim was not barred by the statute of limitations. The Board affirmed that the employer's voluntary provision of medical treatment and indemnity benefits tolled the one-year statute of limitations under Labor Code § 5405 to the five-year period under § 5410. The defendant's notice disputing permanent disability benefits did not clearly deny all liability for the claim, thus failing to restart the one-year limitations period. The issue of new and further disability was premature and not addressed by the Board in this decision.

Statute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code § 5405Labor Code § 5410TollingNew and Further DisabilityWaiverEstoppelIndustrial Disability Leave (IDL)
References
Case No. ADJ8475421
Regular
Mar 30, 2017

Jessica Duncan vs. Right At Home, Travelers Diamond Bar

The Workers' Compensation Appeals Board denied reconsideration of a lien claimant's claim for medical services. The Board found that the lien, filed on June 4, 2016, was barred by the 18-month statute of limitations under Labor Code section 4903.5(a). This was because the last date of service was August 8, 2013, which fell after the July 1, 2013, implementation date of the 18-month rule. The Board also held that it lacked the authority to rule on constitutional vagueness claims.

Labor Code section 4903.5(a)Lien claimStatute of limitationsReconsiderationWorkers' Compensation Appeals BoardWCJTimelinessDate of servicesContinuous treatmentUnconstitutionally vague
References
Case No. ADJ1882653 (VNO 0549022)
Regular
Jan 28, 2011

CESAR LOPEZ, SR. vs. BARRETT BUSINESS SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the previous award finding industrial injury. The Board determined that while the defendant initially provided some medical treatment, thus triggering the five-year statute of limitations under Labor Code section 5410, this period was tolled. Once the defendant issued a denial notice on February 24, 2006, the one-year statute of limitations commenced, and the applicant's subsequent claim, filed more than one year after the denial, was consequently barred.

Workers' Compensation Appeals BoardStatute of LimitationsLabor Code Section 5410Labor Code Section 5405Industrial InjuryPetition for ReconsiderationFindings and AwardRescindedTollingDenial Letter
References
Case No. ADJ769558
Regular
Apr 02, 2013

JOSE VILLA-TORRES vs. CARMAX AUTO SUPERSTORE, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration, upholding the administrative law judge's (ALJ) finding that the lien claim was barred by the statute of limitations. The WCAB also dismissed the defendant's petition for reconsideration as untimely. The Board declined to impose sanctions on either party, though it admonished defendant's counsel for excessive exhibits. The ALJ's report, which detailed the untimeliness of the lien claim and found no basis for tolling the statute of limitations, was adopted and incorporated by the WCAB.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDismissalStatute of LimitationsLabor Code Section 4903.5Compromise and ReleaseToll Statute of LimitationsEquitable EstoppelMedical Provider
References
Showing 1-10 of 2,201 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational