CITY OF SEBASTOPOL, Permissibly Self- Insured; REDWOOD EMPIRE MUNICIPAL INSURANCE FUND, TIMOTHY SIDES, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIMOTHY SIDES, Applicant,vs.CITY OF SEBASTOPOL, Permissibly Self-Insured; REDWOOD EMPIRE MUNICIPAL INSURANCE FUND, Defendants.Case No. ADJ4294793 (SFO 0503980)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Timothy Sides, seeks reconsideration of the Findings and Order, issued July 27, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant’s claim for a cumulative trauma injury in the form of skin cancer was barred under the one year limitation period, as the WCJ determined that applicant had knowledge of the industrial cause of his skin cancer and knowledge of the time limitations for filing a claim more than one year prior to his 2007 filing of his claim. Applicant contests the WCJ’s determination that his claim is barred as having been untimely filed, arguing that defendant should be estopped from asserting the bar of the statute of limitation because it failed to provide applicant with a claim form upon its receipt of a medical report indicating applicant’s skin cancer was industrial. Applicant further argues that the WCJ erred in concluding he had knowledge of the time limitations based upon a prior workers’ compensation claim. Defendant has filed an answer to applicant’s petition.1 1The WCJ has prepared a Report and Recommendation on Petition for Reconsideration in which he asserts, inter alia, that the applicant’s petition was not timely filed on or before August 21, 2009. The petition for reconsideration was timely filed. On the final day for applicant to file his petition, August 21, 2009, all Workers’ Compensation Appeals Board offices were closed for business pursuant to the Governor’s Executive Order S-I13-09, which ordered the closure of state offices on the first, second and third Friday of every month thr
Timothy Sides, vs. City Of Sebastopol, Permissibly Self- Insured; Redwood Empire Municipal Insurance Fund,
In this case, Timothy Sides sought reconsideration of a workers' compensation administrative law judge's (WCJ) decision that his claim for a cumulative trauma injury in the form of skin cancer was barred under the one year limitation period. Sides argued that the defendant should be estopped from asserting the bar of the statute of limitation because it failed to provide him with a claim form upon its receipt of a medical report indicating his skin cancer was industrial. The WCJ granted reconsideration, rescinded the Findings and Order, and returned the matter for further proceedings to determine the date of Sides' cumulative trauma injury.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ4294793
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