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

Case No. ADJ8 440661 ADJ8954872 ADJ8954861
Regular
Mar 18, 2016

CRAIG GROTH vs. COASTLAND, INC. dba COAST LANDSCAPE, BRECKENRIDGE INSURANCE SERVICES, LLC, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration and amended the prior award, finding the applicant's dog bite injury claim (ADJ8440661) was not barred by the statute of limitations. This decision reversed the trial judge's finding, holding that the employer's failure to inform the applicant of his workers' compensation rights tolled the statute until the claim was officially reported. The Board found prejudice to the applicant without tolling and rejected the defendant's argument regarding prejudice to the carrier, noting the insurer retains credit rights. The case is returned to the trial level for further proceedings on other issues related to ADJ8440661.

Workers Compensation Appeals BoardCumulative InjuryStatute of LimitationsTollingEmployer Duty to InformDog BiteLandscape Construction WorkerReconsiderationJoint Findings and AwardMedical Legal Costs
References
Case No. ADJ7516869
Regular
Jun 18, 2012

Judie Geren vs. Warner Bros. Studio Facilities, Inc.

The Workers' Compensation Appeals Board granted reconsideration and reversed the trial judge's decision, finding the applicant's claim barred by the statute of limitations. The applicant knew her injuries were work-related and disabling by 2006, but did not file her claim until November 2010, exceeding the one-year limit. The Board rejected the argument that the statute of limitations is tolled until the applicant understands the legal concept of a cumulative injury, as the applicant was aware of her work-related issues and chose not to pursue a claim at the time. Consequently, the applicant's claim was dismissed as untimely.

Statute of LimitationsCumulative InjuryDate of InjuryTollingKnowledge of InjuryIndustrial InjuryWorkers' Compensation ClaimReconsiderationFindings of FactLabor Code Section 5412
References
Case No. ADJ9332592
Regular
Dec 22, 2016

MARIA ARCE vs. PHILLIPS-VAN HEUSEN CORPORATION, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board rescinded a prior decision, finding applicant's claim barred by the statute of limitations. Although the employer failed to notify the applicant of her workers' compensation rights, the Board determined the statute was tolled only until the applicant signed the claim form and application on November 17, 2010. Given the stipulated date of injury as January 7, 2011, and the application filing on February 12, 2014, the claim was filed beyond the one-year limitation. Therefore, the applicant was found to have taken nothing by way of her application.

Workers Compensation Appeals BoardStatute of LimitationsLabor Code Section 5405Petition for ReconsiderationApplication for Adjudication of ClaimDate of InjuryCompensation PaidMedical TreatmentTollingReynolds v. Workmen's Comp. Appeals Bd.
References
Case No. ADJ9456228 (MF), ADJ9341963
Regular
Oct 09, 2018

MARIA COLCHADO vs. TOLL GLOBAL FORWARDING HOLDING, ACE AMERICAN INSURANCE, SELECT STAFFING, ACE AMERICAN INSURANCE, TRI-STATE STAFFING, CIGA administered by SEDGWICK for LUMBERMEN'S UNDERWRITING in liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine Toll Global Forwarding's employer status. While the ALJ found Toll Global was not a special employer, the Board reversed this, finding Toll Global was indeed the special employer. This determination was based on Toll Global's direct supervision and instruction of the applicant. The staffing agencies, Select Staffing and Tri-State Staffing, were designated as the general employers.

Workers' Compensation Appeals BoardCIGASpecial EmployerGeneral EmployerToll Global ForwardingSelect StaffingTri-State StaffingACE American InsuranceJoint Findings and OrderPetition for Reconsideration
References
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. ADJ9904638, ADJ7352002
Regular
Jul 25, 2017

Carmen Caez vs. California Department of Social Services (IHSS), administered by YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the prior decision to defer the statute of limitations issue for the applicant's low back and other injuries sustained on November 1, 2008. The Board found the initial determination barring benefits lacked substantial evidence, particularly regarding the timeliness of the claim under Labor Code section 5405. Further development of the record is required to address potential tolling of the statute of limitations due to the employer's failure to provide proper workers' compensation notification. The case is returned for further proceedings to resolve these issues.

ADJ9904638ADJ7352002IHSS caregiverLabor Code sections 35503551statute of limitations tolledclaim formHoneywell v. Workers' Comp. Appeals Bd.denial letterApplication for Adjudication
References
Case No. AHM 0080703
Regular
Jul 20, 2007

LOC TRAN vs. VIET NGUYEN TRUCKING CO., AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration, rescinding the prior order that disallowed a lien claim. The Board found that the statute of limitations for the lien claim might be tolled because the defendant failed to serve the lien claimant with the Compromise and Release agreement. The case is returned to the trial level to determine if the lien claimant provided proper written notice of its claim to the defendant prior to the settlement, which would necessitate compliance with notice rules and potentially toll the statute of limitations.

Labor Code § 4903.5Labor Code § 4904(a)WCAB Rule 10886WCAB Rule 10888WCAB Rule 10890statute of limitationstollingCompromise and Releaselien claimantservice of documents
References
Case No. ADJ6750650, ADJ7660512
Regular
Oct 02, 2017

FRANCISCA TEJEDA vs. COUNTY OF LOS ANGELES DPSS, SEDGWICK COLA

This case before the Workers' Compensation Appeals Board involves a Petition for Reconsideration filed by the applicant, Francisca Tejeda, against the County of Los Angeles DPSS. The Board denied reconsideration, adopting the reasoning of the administrative law judge. Crucially, the Board found that its statutory 60-day deadline to act on the petition was tolled due to administrative error. This tolling period, analogous to the situation in *Shipley v. Workers' Comp. Appeals Bd.*, allowed the Board to issue a timely denial of the petition despite exceeding the initial timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedOperation of LawDue ProcessTolledLabor Code Section 5909WCJ ReportMisplaced FileStatutory Time Limits
References
Case No. ADJ10060262
Regular
Feb 16, 2018

PATRICIA DRIVER vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

This case concerns a Petition for Reconsideration filed by the defendant, California Department of Corrections, which was initially at risk of being denied by operation of law due to the Appeals Board's delay. However, the Board found that its time to act was tolled, similar to the principle in *Shipley*, because the delay was not due to the parties' fault. Despite this tolling, the Appeals Board ultimately denied the reconsideration for the reasons stated in the Workers' Compensation Judge's (WCJ) report and opinion. The Board also corrected a clerical error in the WCJ's report regarding the applicable regulation for excluding consultative ratings.

Petition for ReconsiderationDeniedTolledOperation of LawDue ProcessMisplaced FileStatutory Time LimitsAdministrative Law JudgeConsultative Rating8 Cal. Code of Reg. Section 10167
References
Case No. ADJ7204145
Regular
Nov 09, 2016

RALPH WENZEL vs. SAN DIEGO CHARGERS, ZENITH INSURANCE COMPANY

This case involves a workers' compensation claim by a former professional football player alleging cumulative injury to his head, brain, and psyche. The administrative law judge found the claim barred by the statute of limitations, as the application was filed almost eight years after the determined date of injury. The applicant contended the statute was tolled due to his alleged mental incompetence. The Appeals Board has granted reconsideration to further develop the record, deferring the decision on tolling under Labor Code section 5408 pending expert opinion on the applicant's mental competency during the relevant period.

Workers' Compensation Appeals BoardSan Diego ChargersZenith Insurance CompanyPetition for Reconsiderationstatute of limitationsLabor Code section 5412Labor Code section 5405(a)Labor Code section 5408mental incompetencytolling
References
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