Cal. Comp. Cases January Advanced Postings 1/20/2010

Cal. Comp. Cases January Advanced Postings 1/20/2010

Here’s the third batch of advanced postings for the January 2010 issue of California Compensation Cases. Lexis.com subscribers can link to the cases below.

Santa Barbara County , PSI v. Workers' Compensation Appeals Board, Barbara Santos

75 Cal. Comp. Cases ***, 2009 Cal. Wrk. Comp. LEXIS 323

Statute of Limitations--Estoppel--Employer's Failure to Provide Notice--WCAB affirmed WCJ's finding that defendant was estopped from asserting Labor Code § 5405 statute of limitations as defense to applicant/communication dispatcher's claim for industrial cumulative injuries to psyche and internal system, and in form of headaches, depression, and fibromyalgia, ending on 11/10/2006, notwithstanding that defendant provided applicant with California Workers' Compensation Institute pamphlet, when WCAB found that pamphlet was inadequate to provide applicant with requisite notice regarding time period within which to file claim, that under 8 Cal. Code Reg. § 9882(b) defendant was required to provide applicant with specific notices, including written information, explaining time limits to file claim, and that defendant's failure to provide proper notice tolled statute of limitations.

Russell L. Lee v. W.C.A.B., State of California/Department of Corrections, State Compensation Insurance Fund

75 Cal. Comp. Cases ***, 2009 Cal. Wrk. Comp. LEXIS 324

Petitions for Reconsideration--Duplicative Petitions--WCAB denied pro per applicant's petition for reconsideration of 8/12/2009 F&O, when WCAB found that applicant teacher sustained injury AOE/COE in period ending 5/1/85 to heart and psyche, that applicant filed petition to correct clerical error, that WCAB held conference and allowed applicant to discuss and amplify petition to correct clerical error, that WCAB issued F&O denying petition to correct clerical error because it raised issues of TD and TD rate that had previously been litigated and decided by WCAB, and also that applicant's petition to correct clerical error was not timely filed.

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