As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] · CHAPTER 2. Limitations of Proceedings [5400 - 5413]
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.
- ADJ9093456 · 2023-01-19 · Santa Ana District Office§ 5408
Determinative passage · p.2A minor or incompetent injured worker must appear in a hearing before the Workers' Compensation Appeals Board by a guardian ad litem or a conservator. (Labor Code, § 5408.) The Workers' Compensation Appeals Board is authorized to decide the fact of incompetency of an injured employee and appoint a guardian ad litem. (Labor Code, § 5307.5, 5408.) The appointment of a guardian ad litem, however, must be based upon a medical report or other evidence that the adult injured worker is in fact incompetent. (Lamin v. City of Los Angeles (2004), 69 Cal. Comp. Cases 1002 [Appeals Board Panel Decision].)
The WCAB applied this standard to require a determination of applicant's competence before proceeding and to authorize appointment of guardian ad litem if necessary.
Official decision · page 2 →
All 1 decisions naming § 5408 →
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 5408
What is California Labor Code § 5408?
Labor Code § 5408 sits in CHAPTER 2. Limitations of Proceedings [5400 - 5413]. The statute on this page begins: If an injured employee or, in the case of the employee’s death, any of the employee’s dependents, is under 18 years of age or incompetent. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 5408 in this corpus?
This corpus has 1 released decisions whose extracted legal standards named § 5408. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.