ADJ12772997 — California WCAB decision

What the panel ordered

Findings of Fact affirmed except amended to add employment by Department of General Services and defer statute of limitations issue; otherwise affirmed

Petition for Reconsideration granted by Appeals Board after administrative delay; remanded statute of limitations issue to WCJ for further findings

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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 limitationsRemandedneck · low back · psyche · internal body systems

The Appeals Board deferred the statute of limitations issue to the WCJ for further factual findings due to lack of evidence on whether benefits were last provided by the employer or through retirement medical insurance.

From the decision · page 7Accordingly, as our Decision After Reconsideration we will amend the January 13, 2021 Findings to add that applicant was employed by DGS on November 3, 2008 (Finding 1) and to defer the issue of the statute of limitations (Finding 2), and otherwise affirm the Findings.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5405

The statute of limitations for filing a claim is the later of one year from the date of injury, one year from the last provision of disability payments, or one year from the last provision of medical benefits.

Applied to determine timeliness of claim filing.

From the decision · page 6II. The statute of limitations is an affirmative defense and defendant, as the party asserting the defense, has the burden of proof. (Lab. Code5, § 5705.) Under section 5405, the limitations period for which a claim must be filed is the later of (a) one year from the date of injury, (b) one year from the last provision of disability payments per Labor Code sections 4650 et. seq., or (c) one year from the last provision of medical benefits. "Limitations provisions in the [workers'] compensation law must be liberally construed in favor of the employee unless otherwise compelled by the language of the statute, and such enactments should not be interpreted in a manner which will result in a loss of compensation." (Blanchard v. Workers' Comp. Appeals Bd. (1975) 53 Cal.App.3d 590, 595, 40 Cal. Comp.

Labor Code section 5705

The party asserting the statute of limitations defense has the burden of proof.

Applied to place burden of proof on defendant for statute of limitations defense.

From the decision · page 6II. The statute of limitations is an affirmative defense and defendant, as the party asserting the defense, has the burden of proof. (Lab. Code5, § 5705.) Under section 5405, the limitations period for which a claim must be filed is the later of (a) one year from the date of injury, (b) one year from the last provision of disability payments per Labor Code sections 4650 et. seq., or (c) one year from the last provision of medical benefits. "Limitations provisions in the [workers'] compensation law must be liberally construed in favor of the employee unless otherwise compelled by the language of the statute, and such enactments should not be interpreted in a manner which will result in a loss of compensation." (Blanchard v. Workers' Comp. Appeals Bd. (1975) 53 Cal.App.3d 590, 595, 40 Cal. Comp.

ADJ12772997 · October 4, 2024

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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