comment upon Writ denied cases.
However, the case covered in this
edition states some well founded
concepts that are often overlooked.
Most practioneers believe the
statute of limitations does not exist
in the workers' compensation
setting. They could not be farther
from the truth.
for Adjudication was barred by the
statute of limitations (SOL). The
workers' compensation judge (WCJ)
found that the applicant was credible
and that the applicant was first aware
that the claim was industrial on 6/4/96.
However, the WCJ did not find the
case barred by the SOL. The defendant
filed a petition for reconsideration.
Board (WCAB) returned the case to
the trial level for the WCJ to consider
Labor Code sections 5401, 5500, and
5412. The WCJ issued a new decision
finding the claim barred by the statute
of limitations.
law in effect in 1991, not 1996, should
govern the outcome. The WCJ in the
report on reconsideration found that the
date of injury under Labor Code
section 5412 was 6/4/96. This is when
the applicant first became aware of the
injury. The WCJ stated that it is the
filing of the Application which gives
the WCAB jurisdiction, not the filing
of the claim form.
WCAB stated that the commencement
of the running of the SOL under Labor
Code sections 5404 and 5406 depends
through 1993, the claim form
commences WCAB jurisdiction.
Before 1/1/95 an application is not
necessary to commence proceedings.
After 1/1/95 the application is
necessary.
the filing of the application with the
WCAB, not the filing of the claim
form with the employer, that
establishes WCAB jurisdiction and
begins the proceedings to collect
benefits. The filing of the claim form
with the employer is still required,
and acts to toll the running of the
SOL, until the employer has denied
the claim or until the claim has
become presumptively compensable
through the employer's failure to
deny. At that time, the limitations
period again runs until compensation
is paid or an Application is filed with
the WCAB. (Labor Code section
5401(C), 5404)."
WCAB
defendant until 1991. On 10/3/96, the
applicant filed a claim form for
workers' compensation benefits. The
applicant was claiming a psychiatric
injury during the course of his
employment from 1969 until 1991.
The claim form was denied timely.
The applicant then filed an
application for adjudication of claim
on 11/25/97.
the
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