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ADJ11558403 — California WCAB decision · SimilarCase

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California WCABPanel decision

ADJ11558403 · February 1, 2021

Defendant's Petition for Reconsideration is denied.

Issues decided: 1
Medical opinions weighed: 1
Authorities named: 1
District office: Salinas

What the panel ordered

Defendant's Petition for Reconsideration is denied.

Defendant sought reconsideration of the WCJ's Findings of Fact of November 9, 2020, which found an industrial injury and denied statute of limitations bar.

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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.

Statute of limitationsApplicant prevailedneck

The WCJ found the applicant sustained a specific injury on May 14, 2017, and that the claim was not barred by the statute of limitations because the statute was tolled until the applicant received a DWC-1 form on August 1, 2018, and the application was filed within one year thereafter.

From the decision · page 1Defendant seeks reconsideration of a workers' compensation administrative law judge's (WCJ) Findings of Fact of November 9, 2020, wherein it was found that while employed as a seasonal tractor driver on May 14, 2017, applicant sustained industrial injury to his neck. In finding an industrial injury, the WCJ found that applicant's claim was not barred by the statute of limitations. Additionally, the WCJ found a specific injury despite the fact that applicant alleged a cumulative injury in his Application for Adjudication of Claim.

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Applicant reported injury to supervisor, which the WCJ found credible over defendant's contrary testimony.

Favours Applicant prevailed

This finding established the defendant's duty to provide the DWC-1 form, tolling the statute of limitations.

From the decision · page 3In this case, the WCJ believed the applicant's testimony that he reported his injury to his supervisor, and disbelieved the defendant's witnesses' testimony to the contrary. A WCJ's credibility determinations are "entitled to great weight." (Garza v. Workmen's Comp. App. Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) The defendant thus had the duty pursuant to Labor Code section 5401 to give applicant the DWC-1 form containing notice of his workers' compensation rights, and the statute of limitations was tolled until he was given the form or otherwise obtained actual knowledge of his rights. Defendant asserts that applicant obtained knowledge of his workers' compensation rights in August of 2018. Given that applicant signed a DWC-1 form on August 1, 2018, we agree that the tolling period ended on that date. However, applicant filed his Application for Adjudication just two months later on October 1, 2018, well within the one-year period from when the tolling ceased. As noted above, even though applicant's Application alleged a cumulative injury, his claim of specific injury related back to his timely October 1, 2018 filing.

Applicant signed the DWC-1 form on August 1, 2018, ending the tolling period for the statute of limitations.

Favours Applicant prevailed

This date started the one-year statute of limitations period within which the application was timely filed.

From the decision · page 3In this case, the WCJ believed the applicant's testimony that he reported his injury to his supervisor, and disbelieved the defendant's witnesses' testimony to the contrary. A WCJ's credibility determinations are "entitled to great weight." (Garza v. Workmen's Comp. App. Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) The defendant thus had the duty pursuant to Labor Code section 5401 to give applicant the DWC-1 form containing notice of his workers' compensation rights, and the statute of limitations was tolled until he was given the form or otherwise obtained actual knowledge of his rights. Defendant asserts that applicant obtained knowledge of his workers' compensation rights in August of 2018. Given that applicant signed a DWC-1 form on August 1, 2018, we agree that the tolling period ended on that date. However, applicant filed his Application for Adjudication just two months later on October 1, 2018, well within the one-year period from when the tolling ceased. As noted above, even though applicant's Application alleged a cumulative injury, his claim of specific injury related back to his timely October 1, 2018 filing.