Statute of Limitations

Terry v.  California Department of Corrections (BPD) (2017 Cal. Wrk. Comp. P. D. LEXIS 578):

 

A specific injury occurred on May 16, 2011 and that injury contributed to applicant’s death on May 17, 2016.

 

The parties and the WCJ concur that applicant’s death was a compensable consequence of his May 16, 2011 injury. When a subsequent injury is the direct and natural consequence of the original injury, the subsequent injury is considered to relate back to the original injury and is not treated as a new and independent injury.

 

Applicant cannot claim a new date of injury based on the undisputed fact that decedent’s death was caused by a compensable consequence of his May 16, 2011 specific injury, the date of injury in this case is May 16, 2011.

 

The WCAB held that a claim for death benefits filed November 3, 2016 was barred by the Statute of Limitations of Labor Code §5406 (b). The applicant was involved in an automobile accident on May 16, 2011, which in part contributed to his death on May 17, 2016.

 

The WCAB held the applicant could not claim a new date of injury based on the fact the decedent’s death was a compensable consequence of a specific injury.

 

The WCAB concluded that when a subsequent injury is the direct and natural consequence of an original industrial injury, the subsequent injury is considered to relate to the original injury and is not treated as a new and independent injury.

 

The WCAB concluded that the application for death benefits was barred by Labor Code §5406 (b) because it was filed more than 240 weeks from the date of injury.

 

 

 

Greene v, HCI Environment Engineering (BPD) (2017 Cal. Wrk. Com. P.d. LEXIS 537)

 

The Appeals Board held that a copy service lien filed June 29, 2015 was barred by the Statute of Limitations of Labor Code §4903.5 (a).

 

The Appeals Board held the last date of service was September 25, 2013 and the lien was not filed within 18 months of the last date of service.

 

The Appeals Board rejected the lien claimant’s argument that an invoice dated December 30, 2013, qualified as a date of service because the invoice referred to services rendered September 25, 2013.

 

Griffin v. County of San bernardion (BPD) (1018 Ca. Wrk. Comp. P.D. LEXIS 13)

 

The WCAB held that an applicant’s claim for a cumulative trauma injury to his ears while employed as a fire captain was not barred by the Statute of Limitations.

 

The facts established that the employer received a memo from the San Bernardino County Employees Retirement Association indicating that the applicant applied for a service-connected disability retirement related to bilateral hearing loss.

 

The WCAB concluded that because the memo informed the employer that the applicant claimed an industrial hearing loss that rendered him unable to work in his position, the employer had plain notice of a claim of injury.

 

The WCAB held that notice and knowledge of an injury from any source triggers the obligation pursuant to Labor Code §5401 (a) to give a claim form and triggers the obligation under the regulation to give the proper notices of eligibility for worker’s compensation.

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