Home/Case Law/MARIA ARCE vs. PHILLIPS-VAN HEUSEN CORPORATION, LIBERTY MUTUAL INSURANCE
Regular DecisionWorkers' Compensation

MARIA ARCE vs. PHILLIPS-VAN HEUSEN CORPORATION, LIBERTY MUTUAL INSURANCE

Filed: Dec 22, 2016
Van Nuys
ADJ9332592

CompFox AI Summary

The Workers' Compensation Appeals Board rescinded a prior decision, finding applicant's claim barred by the statute of limitations. Although the employer failed to notify the applicant of her workers' compensation rights, the Board determined the statute was tolled only until the applicant signed the claim form and application on November 17, 2010. Given the stipulated date of injury as January 7, 2011, and the application filing on February 12, 2014, the claim was filed beyond the one-year limitation. Therefore, the applicant was found to have taken nothing by way of her application.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board rescinded a prior decision, finding applicant's claim barred by the statute of limitations. Although the employer failed to notify the applicant of her workers' compensation rights, the Board determined the statute was tolled only until the applicant signed the claim form and application on November 17, 2010. Given the stipulated date of injury as January 7, 2011, and the application filing on February 12, 2014, the claim was filed beyond the one-year limitation. Therefore, the applicant was found to have taken nothing by way of her application.

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