the applicant files the claim form
Court decision.
industrial injury to his
body and psyche for a
through October 16,1998.
applicant's private physician had
prescribed the applicant
medications for work related
stress.
employer and informed the
employer the applicant had been
admitted to a psychiatric facility
hospital records did indicate work
problems.
form was returned January 15,
1999 and the case was denied
March 31, 1999.
(WCJ) on the grounds that the
employer did not deny the claim
timely pursuant to Labor Code
section 5402. Therefore, the case
should be presumed
compensable. The WCJ found it
compensable on the grounds the
employer had sufficient
knowledge in October.
Compensation Appeals
Board issued an en banc
decision on petition for
reconsideration and
The case eventually made it
to the Court of Appeal and
finally the Supreme Court.
that the 90 days runs from
the filing of the claim form
only. The employer can be
estopped from the running of
the 90 days from the filing of
the claim form only under
three circumstances. These
are elucidated in the
decision and will be applied
on a case by case basis.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
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