What the panel ordered
The WCAB denied defendant's petition for reconsideration and affirmed that the applicant's injury claim is not barred by the statute of limitations and that the WCAB retains jurisdiction over the claim.
Defendant sought reconsideration of the Opinion and Decision After Reconsideration issued by the WCAB on January 31, 2022, which found applicant's injury claim was not barred by the statute of limitations and retained jurisdiction over the claim.
This docket was decided more than once. Shown here is the latest released decision; we also hold January 31, 2022.
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 WCAB found that the applicant's claim was timely filed within the tolled one-year limitations period under Labor Code section 5405 due to defendant's failure to provide required notices, which tolled the statute until the applicant gained actual knowledge of his rights. The five-year limitation under section 5410 did not apply as the injury claim was not previously resolved and no petition to reopen was filed.
From the decision · page 5