What the panel ordered
WCJ's November 19, 2020 Findings of Fact affirmed, defendant did not meet burden on statute of limitations defense.
Petition for reconsideration of the WCJ's Findings of Fact on statute of limitations defense, granted to study factual and legal issues, now decided.
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.
Applicant timely invoked WCAB jurisdiction under Labor Code section 5410 for new and further disability within five years of injury; defendant did not meet burden to prove statute of limitations defense based on notice adequacy.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact issued by the workers' compensation administrative law judge (WCJ) on November 19, 2020, wherein the WCJ found in pertinent part that defendant did not meet its burden of proof with respect to the statute of limitations defense.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.