Nicholas Barragan vs. Dpr Construction And National Union Fire Insurance

In this case, Nicholas Barragan, an apprentice carpenter drywaller, claimed to have sustained an industrial injury to his neck and low back on October 31, 2006. The employer furnished some medical treatment, but the claims administrator issued a written notice of denial of the claim on January 4, 2007. The Workers' Compensation Appeals Board denied Barragan's petition for reconsideration, finding that his claim was barred by the statute of limitations in Labor Code section 5405(a). The Board also found that the taking of a deposition was not "commencement of proceedings" within the meaning of section 5405, and that there were no grounds upon which the Board could admit the Application into evidence. The Board also found that there was no

DPR Construction and National Union Fire Insurance Nicholas Barragan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICHOLAS BARRAGAN, Applicant,vs.DPR CONSTRUCTION ANDNATIONAL UNION FIRE INSURANCE, Defendant(s).Case No. ADJ6925626OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant has filed a timely, verified petition for reconsideration of our Opinion and Decision after Reconsideration dated June 21, 2010, in which we held that his claim was barred by the statute of limitations in Labor Code section 5405(a).1 Applicant contends that he has evidence that he filed an Application for Adjudication of Claim (Application) on July 3, 2007. 2 that the deposition of applicant taken by defendant on March 28, 2007, commenced proceedings within the meaning of section 5405; that applicant was deprived of the opportunity to present evidence on the issue of estoppel; and that the issue of statute of limitations should have been decided under section 5405(b} and (c), not section 5405(a). We have received an answer from defendant.            Applicant, while employed as an apprentice carpenter drywaller on October 31, 2006, claims to have sustained an industrial injury to his neck and low back. According to the stipulation of the parties at trial on December 7, 2009, the employer furnished some medical treatment. The claims administrator issued a written notice of denial of the claim on January 4, 2007 (Defendant’s Exhibit A). On May 3, 2007, defendant’s counsel wrote to applicant’s attorney, enclosing a notice from the Division of Workers’ Compensation that there was no record of a case file for his client and requesting that applicant file an Application for Adjudication of Claim if he wished to proceed 1 Unless otherwise specified, all statutory references are to the Labor Code. He attaches a copy of a document purportedly the Application to his petition; there is no record that he attempted to introduce it at trial. , with discovery and resoluti

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