California Labor Code § 5403

How panels applied this section

Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.

• ADJ14742380 · 2022-09-13 · San Francisco District Office§ 5403

  Determinative passage · p.4The injured worker may not maintain a claim for workers' compensation unless written notice of the claimed injury is served on the employer within thirty days of the injury. (Labor Code § 5400.) Labor Code § 5402(a) provides that, "...[k]nowledge of an injury, obtained from any source, on the part of an employer, his or her managing agent, superintendent, foreman, or other person in authority, or knowledge of the assertion of a claim of injury sufficient to afford opportunity to the employer to make an investigation into the facts, is equivalent to service under Section 5400." However, a failure to give notice under Labor Code § 5400 will not bar recovery if the employer was not misled or prejudiced. (Labor Code § 5403.)

  The WCJ applied these statutes and case law to determine that the applicant timely reported the injury and that the statute of limitations defense was precluded due to employer's failure to provide notices and the applicant's lack of knowledge of her rights.

  Official decision · page 4 →
• ADJ11905041 · 2021-12-30 · Marina del Rey District Office§ 5403

  Determinative passage · p.1In addition, we note that "`[t]he failure to give notice under [Labor]1 section 5400, or any defect or inaccuracy in a notice is not a bar to recovery under this division if it is found as a fact in the proceedings for the collection of the claim that the employer was not in fact misled or prejudiced by such failure.' (§ 5403.)" (Beckstead v. Workers' Comp. Appeals Bd. (1997) 60

  Applied to reject statute of limitations defense due to lack of established prejudice.

  Official decision · page 1 →