What the panel ordered
The WCAB affirmed the WCJ's decision that the applicant's claim is time-barred under Labor Code section 5405 and denied the petition for reconsideration.
Petition for reconsideration of the WCJ's January 7, 2022 Findings of Fact decision on statute of limitations was granted to allow further study; the WCJ recommended denial of reconsideration.
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.
Statute of limitationsDefendant prevailedneck · shoulders · arm
The WCJ found the employer met its duty to provide a claim form and notice, and the applicant filed the claim more than one year after the injury, so the claim is time-barred under section 5405 without equitable tolling.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact (Findings) issued on January 7, 2022, by the workers' compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that pursuant to Labor Code section 54052, applicant's claim for workers' compensation benefits was time-barred, whereby resulting in her taking nothing from her claims filed herein.