Kenton Nairne vs. Robert Mcpeak; Foremost Insurance Company, Adjusted By Crawford Claims Management Services

Robert McPeak; Foremost Insurance Company, Adjusted by Crawford Claims Management Services Kenton Nairne WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKENTON NAIRNE, Applicant,vs.ROBERT McPEAK; FOREMOST INSURANCE COMPANY, Adjustedby CRAWFORD CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ7724328 (San Bernardino District Office)OPINION AND ORDER DENYING RECONSIDERATION            Applicant, Kenton Naime, seeks reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration, issued March 12, 2013, in which the Appeals Board found his claim is barred by the Statute of Limitations, as his claim was filed more than one year after the limitation period provided in Labor Code section 5405.3, and defendant Foremost Insurance Company is not estopped from asserting the Statute of Limitations as a defense in this matter.            Applicant contends the Appeals Board erred in concluding he is not entitled to the application of an estoppel to prevent defendant from asserting the Statute of Limitations as a defense in this matter, where he claims to have lacked actual knowledge of his right to pursue workers’ compensation benefits, and defendant failed to establish that it provided him with the required notices. Applicant contends that the doctrine of equitable tolling should apply to prevent the application of the Statute of Limitations. Defendant has filed an answer, asserting no equitable tolling or estoppel is applicable under the facts of this case.1            We have reviewed applicant’s petition, and defendant’s answer thereto, and for the reasons set forth in our previous decision, we shall re-affirm our prior determination that applicant’s claim is barred 1 Defendant also contends applicant’s petition was unverified and untimely, having been filed on April 8, 2013, two days beyond the jurisdictional filing deadline. However, since April 6, 2013 fell on a Saturday, the time to file was extended until the next business

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