COUNTY OF LOS ANGELES, DELORES M. PUGH WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADELORES M. PUGH, Applicant,vs.COUNTY OF LOS ANGELES,DefendantCase Nos. MON 0307954OPINION AND ORDERDENYING PETITION FORRECONSIDERATION Applicant seeks reconsideration of the May 30, 2007 Opinion and Order Granting Reconsideration and Decision After Reconsideration, wherein the Workers’Compensation Appeals Board rescinded the March 12, 2007 Amended Findings and Award and found that applicant’s claim is barred by the statute of limitations. The workers’ compensation administrative law judge (“WCJ”) had found that applicant, while employed as a Staff Assistant II during the period April 19, 1972, to July 30, 1999, sustained industrial injury to her psyche and internal organs, causing temporary disability for the period “9/31/99 through 8/10/04″ and permanent disability of 76 percent, and that applicant’s claim was not barred by the statute of limitations. Applicant contends that our decision is not based on substantial evidence and fails to address estoppel,1 and that we should have found the statute of limitations tolled until applicant met with her attorney and was apprised of her rights. We have considered the Petition for Reconsideration and defendant’s Answer, and we have reviewed the record in this matter. For the reasons expressed in our May 30, 2007 Opinion and Order Granting Reconsideration and Decision After Reconsideration, which we adopt and incorporate, and for the 1 Although the statute of limitations was listed as an issue on the pre-trial conference statement and at trial, estoppel was not listed as an issue. , reasons discussed below, we will deny the petition for reconsideration. Applicant is correct in stating, “There is a long line of cases which support the bar of the statute of limitations defense when Defendant has failed to give proper notice.” Applicant discusses a number of those cases in her petiti
Delores M. Pugh vs. County Of Los Angeles,
This case involves an applicant, Delores M. Pugh, who sought reconsideration of a May 30, 2007 Opinion and Order Granting Reconsideration and Decision After Reconsideration, wherein the Workers’ Compensation Appeals Board rescinded the March 12, 2007 Amended Findings and Award and found that applicant's claim was barred by the statute of limitations. The Petition for Reconsideration was denied as the confluence of knowledge and disability occurred, at latest, on July 31, 1999, and the application was filed on August 20, 2003, which was beyond the one year statute of limitations. The cited case law on estoppel and tolling did not apply in this case, since defendant had no knowledge of applicant
- Filed On:
- Court: California, San Francisco
- Case No. MON0307954
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.