Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5401(d)
Labor Code section 5401(d) - Filing of claim form tolls statute of limitations until claim is denied or presumed compensable.
The WCJ applied this to find the presumption of compensability since the employer did not reject the claim within 90 days.
From the decision · page 11Pursuant to Labor Code § 5405, the application must be filed within one
year of the last payment of benefits or the date of injury, whichever is later
otherwise it is barred by the statute of limitations. However, the inquiry of
whether the one-year period applies requires further analysis by the court. An
employer's failure to provide required notices may in some instances, toll the
statute of limitation. Labor Code § 5401(d) provides that the filing of a claim
form tolls the statute of limitations until the claim is denied or is presumed
compensable. A failure to serve the proper notices can have the effect of
circumventing the one-year statute of limitations.
Labor Code section 5405
Labor Code section 5405 - Application must be filed within one year of last payment or date of injury, whichever is later, or barred by statute of limitations.
The WCJ analyzed the statute of limitations and found it tolled due to failure to provide proper notices.
From the decision · page 11Pursuant to Labor Code § 5405, the application must be filed within one
year of the last payment of benefits or the date of injury, whichever is later
otherwise it is barred by the statute of limitations. However, the inquiry of
whether the one-year period applies requires further analysis by the court. An
employer's failure to provide required notices may in some instances, toll the
statute of limitation. Labor Code § 5401(d) provides that the filing of a claim
form tolls the statute of limitations until the claim is denied or is presumed
compensable. A failure to serve the proper notices can have the effect of
circumventing the one-year statute of limitations.
Cal. Code Regs. tit. 8, 10759
Cal. Code Regs. tit. 8, 10759 - Method for filing and listing exhibits at Mandatory Settlement Conference.
The WCJ found the exhibits sufficiently identified and admissible despite missing dates.
From the decision · page 5In the Findings and Award ("F&A"), the undersigned noted that although
exhibits five through thirty were admitted into evidence, they were not relevant
to the F&A2. Consequently, even if these exhibits were deemed inadmissible,
the record was sufficient to issue an F&A. Assuming, however, or the sake of
argument, that the records were relied upon, the undersigned still finds that the
exhibits were listed with sufficient specificity and are admissible. Cal. Code
Regs. tit. 8, l 0759 establishes the method for filing and listing exhibits at the
Mandatory Settlement Conference ("MSC"). Pursuant to the rules: