California Labor Code § 5407

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.

• ADJ2919928 · 2023-03-09 · Santa Ana District Office§ 5407

  Determinative passage · p.3An applicant can be awarded an increase in compensation by one half, plus a small amount for costs and expenses, when the applicant is injured by reason of the serious and willful misconduct of the employer, or the managing representative; on the part of one of the partners or a managing representative or general superintendent if the employer is a partnership; or on the part of an executive, managing officer, or general superintendent if the employer is a corporation. (Lab. Code, § 4553.) The statute of limitations for commencing proceedings for the collection of compensation based on serious and willful misconduct of the employer is twelve months from the date of injury. (Lab. Code, § 5407.) The burden of establishing serious and willful misconduct

  The WCJ deferred ruling on the merits of the statute of limitations issue and did not dismiss the petition on that basis.

  Official decision · page 3 →
• ADJ9838694 · 2021-09-29 · Stockton District Office§ 5407

  Determinative passage · p.2[n]othing in this chapter shall bar the right of any injured worker to institute proceedings for the collection of compensation within five years after the date of the injury upon the ground that the original injury has caused new and further disability. The jurisdiction of the appeals board in these cases shall be a continuing jurisdiction within this period. This section does not extend the limitation provided in Section 5407. (Lab. Code § 5410.)

  Applicant's Petition to Reopen was untimely under this statute as well.

  Official decision · page 2 →
• ADJ11207885 · 2021-09-13 · Pomona District Office§ 5407

  Determinative passage · p.2"A dismissal `without prejudice' necessarily means without prejudice to the filing of a new action on the same allegations, so long as it is done within the period of the appropriate statute of limitations." (Eaton Hydraulics Inc. v. Continental Casualty Co. (2005) 132 Cal.App.4th 966, 974-975, fn. 6 [34 Cal Rptr.3d 91].) The limitations period for the filing of an S&W petition is twelve months from the date of injury.2 (Lab. Code, § 5407.) Because the July 12, 2021 Order dismissing the S&W petition is beyond the limitations period, applicant can no longer refile an S&W petition, i.e., his substantive right to seek benefits was extinguished. This makes the order dismissing a final order subject to reconsideration rather than removal.

  The dismissal order was issued beyond the twelve-month limitations period, extinguishing the applicant's substantive right to seek benefits under section 4553.

  Official decision · page 2 →