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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. VNO 0389726
Regular
Nov 09, 2007

Paula Gonzales vs. K-MART CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board affirmed the administrative law judge's decision barring a minor's claim for death benefits. The claim was filed outside the statutory one-year limit from the date of death and the 240-week period from the injury date, despite tolling provisions for minors. The Board found that preliminary letters and a request to amend a prior application did not constitute a formal application for death benefits, and therefore, the claim was untimely.

Death BenefitsStatute of LimitationsLabor Code Section 5406Labor Code Section 5408Guardian Ad LitemMinor HeirTolling ProvisionsApplication for Death BenefitsCommencement of ProceedingsEstoppel
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. 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. ADJ8680977
Regular
Apr 28, 2014

Albert Johnson vs. Southwest Airlines, ACE USA Insurance

The Workers' Compensation Appeals Board reversed a judge's decision that barred Albert Johnson's cumulative trauma claim due to the statute of limitations. The Board found that the employer's continued provision of medical treatment for Johnson's injuries tolled the one-year statute of limitations under Labor Code section 5405(c). This treatment, provided after an initial specific injury but before the cumulative trauma claim was filed, was deemed to have also addressed the cumulative trauma elements. Therefore, Johnson's claim for cumulative trauma injury ending August 17, 2009, was found to be timely filed.

Cumulative traumaStatute of LimitationsLabor Code section 5405TollingMedical treatmentSpecific injuryRamp agentSouthwest AirlinesWorkers' Compensation Appeals BoardReconsideration
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. ADJ9641921, ADJ9640385
Regular
Mar 29, 2016

PAZ CORRALES vs. KIMPTON HOTEL AND RESTAURANT GROUP dba KHRG GOLETA, LLC, FEDERAL INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the Order Approving Compromise and Release (OACR) due to a problematic Addendum "A". Applicant contends Addendum "A" incorrectly settled their right to future attorney's fees and contains conflicting, unenforceable provisions regarding future claims and confidentiality. The Board found potential jurisdictional issues and inconsistencies with the law, returning the case for an evidentiary hearing to determine if the C&R should be set aside.

Petition for ReconsiderationCompromise and ReleaseAddendum ALabor Code section 5710attorney's feesrescinded OACRevidentiary hearingmistake inadvertence excusable neglectunenforceable provisionsconfidential provision
References
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