CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding that the applicant's claim was not barred by the statute of limitations. The Board affirmed that the employer's voluntary provision of medical treatment and indemnity benefits tolled the one-year statute of limitations under Labor Code § 5405 to the five-year period under § 5410. The defendant's notice disputing permanent disability benefits did not clearly deny all liability for the claim, thus failing to restart the one-year limitations period. The issue of new and further disability was premature and not addressed by the Board in this decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of a finding that the applicant's claim was not barred by the statute of limitations. The Board affirmed that the employer's voluntary provision of medical treatment and indemnity benefits tolled the one-year statute of limitations under Labor Code § 5405 to the five-year period under § 5410. The defendant's notice disputing permanent disability benefits did not clearly deny all liability for the claim, thus failing to restart the one-year limitations period. The issue of new and further disability was premature and not addressed by the Board in this decision.
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