Barbara Santos, vs. County Of Santa Barbara, Permissibly Self-insured,

(SBA 0083997) is a case in which the County of Santa Barbara, permissibly self-insured, sought reconsideration of the Findings of Fact and Conclusions of Law, issued July 9, 2009, in which a workers' compensation administrative law judge (WCJ) held that the County was estopped from asserting the affirmative defense that the applicant's claim for an industrial cumulative trauma injury over the period ending November 10, 2006, was barred by the statute of limitations. The WCJ concluded that the County failed to provide adequate notice of the applicant's rights or establish her actual knowledge of her rights. The WCJ's determination was affirmed and the County's petition for reconsideration was denied.

COUNTY OF SANTA BARBARA, Permissibly Self-Insured, BARBARA SANTOS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABARBARA SANTOS, Applicant,vs.COUNTY OF SANTA BARBARA, Permissibly Self-Insured, Defendants.Case No. ADJ2919812 (SBA 0083997)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant, County of Santa Barbara, permissibly self-insured, seeks reconsideration of the Findings of Fact and Conclusions of Law, issued July 9, 2009, in which a workers’ compensation administrative law judge (WCJ) held that defendant is estopped from asserting the affirmative defense that applicant’s claim for an industrial cumulative trauma injury over the period ending November 10, 2006, is barred by the statute of limitations. The WCJ concluded defendant failed to establish it gave applicant adequate notice of her rights or establish applicant’s actual knowledge of her rights.            Defendant contends the WCJ erred in concluding that it is estopped from claiming applicant’s July 21, 1998 Application for Adjudication of Claim is barred as having been untimely filed more than one year after the date of injury.. Defendant argues that applicant received k adequate notice of her rights upon her receipt of a pamphlet issued by the California Workers’ Compensation Institute (CWCI) of her rights and responsibility with regard to the one year statute of limitation in Labor Code section 5405. Defendant further argues that the time to file her Application for Adjudication of Claim was one year from the June 10, 1997 denial of her claim of injury, after applicant completed a DWC- I Claim Form stating she sustained a cumulative stress , injury on May 8, 1997, and not the date her physician told her to file her Application for Adjudication of Claim for an industrial injury. Applicant has filed an answer to defendant’s petition.            Following our review of the record, and for the reasons set forth below, we shall affirm the WCJ’s determination and will de

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