What the panel ordered
Findings and Order of June 7, 2019, finding the claims barred by Labor Code §5405, is affirmed. Petition for Reconsideration is denied.
Applicant petitioned for reconsideration of the June 7, 2019 Findings and Order, which found the claims barred by the statute of limitations. The WCAB granted reconsideration to further study the issues and now affirms the WCJ's decision.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The employer furnished some medical treatment but denied the claims on May 30, 2014. The one-year statute of limitations under Labor Code §5405 began on the date of denial. Applications were filed after the deadline, so the claims are barred.
From the decision · page 4Since this was after the May 30, 2015 deadline, the Order found the claims barred. The Petition has not shown the Order was in error.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Employer denied further liability for the injuries on May 30, 2014, starting the one-year statute of limitations period.
Favours Defendant prevailed
This denial triggered the one-year deadline for filing applications under Labor Code §5405.
From the decision · page 4This employer had furnished some medical treatment, but then denied the claims on May 30, 2014. That gave the Applicant until May 30, 2015 to file the Applications. The Applications were not entered as exhibits, but judicial notice was requested in Defendant's trial brief. Judicial notice can be taken of the date of filing of documents with a court. The Applications were filed on November 22, 2016.
Applications for adjudication were filed on November 22, 2016, after the one-year deadline from the denial.
Favours Defendant prevailed
Filing after the deadline resulted in the claims being barred by the statute of limitations.
From the decision · page 3The Applications for these claims were filed on November 22, 2016. The parties did not put the Applications into evidence. Defendant's April 12, 2019 Trial Brief states that Applicant filed his Applications for both injuries on November 22, 2016. Defendant requested judicial notice of this fact. Judicial notice can be taken of the date of filing of documents with a court. EAMS confirms the November 22, 2016 filing dates.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code §5405; McDaniel v. Workers' Comp. Appeals Bd. (1990) 218 Cal.App.3d 1011
When an employer commences benefits, the one-year statute of Labor Code §5405 is tolled and the five-year provision of Labor Code §5410 applies. If the employer subsequently denies further liability, the one-year provision of Labor Code §5405 again applies, commencing on the date the employee is informed of the denial.
The employer denied the claims on May 30, 2014, starting the one-year statute of limitations. Applications filed after May 30, 2015 are barred.
From the decision · page 4As shown in McDaniel [v. Workers' Comp. Appeals Bd. (1990) 218 Cal.App.3d 1011-1016-17)], when an employer commences benefits, the one- year statute of Labor Code § 5405 is tolled and the five-year provision of Labor Code § 5410 applies. However, if that employer subsequently denies further liability for the injury, the one-year provision of Labor Code § 5405 again applies, commencing on the date the employee is informed of the decision to deny further benefits.
What proof carried it
The evidence the panel weighed, by kind.
Employer furnished some medical treatment, then denied claims on May 30, 2014. Applications were filed after the one-year deadline from denial.
From the decision · page 4This employer had furnished some medical treatment, but then denied the claims on May 30, 2014. That gave the Applicant until May 30, 2015 to file the Applications. The Applications were not entered as exhibits, but judicial notice was requested in Defendant's trial brief. Judicial notice can be taken of the date of filing of documents with a court. The Applications were filed on November 22, 2016.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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