Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5409; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Martin) (1985) 39 Cal.3d 57, 67, fn. 8 [50 Cal.Comp.Cases 411]
The running of the statute of limitations is an affirmative defense, and the burden of proving it is on the party opposing the claim.
Defendant must show when the statute of limitations began to run.
From the decision · page 1The running of the statute of limitations is an affirmative defense, and the burden of proving
it is on the party opposing the claim. (Lab. Code, § 5409; Kaiser Foundation Hospitals v. Workers'
Comp. Appeals Bd. (Martin) (1985) 39 Cal.3d 57, 67, fn. 8 [50 Cal.Comp.Cases 411].) The burden
is on defendant to show when the statute of limitations began to run, "starting from any and all
three points designated [in Labor Code section 5405]." (Colonial Ins. Co. v. Industrial Acc. Com.
(Nickles) (1945) 27 Cal.2d 437, 441 [10 Cal.Comp.Cases 321].) The three points designated in
Lab. Code, § 5401(a); Martin, supra, 39 Cal.3d at p. 60.
The statute is tolled by an employer's failure to notify an injured employee of a potential right to benefits, as required by Labor Code section 5401(a).
Applicant must show employer had sufficient notice to trigger duty to provide claim form and notice.
From the decision · page 2"[A]s a general rule, where a claimant asserts exemptions, exceptions, or other matters
which will avoid the statute of limitations, the burden is on the claimant to produce evidence
sufficient to prove such avoidance." (Permanente Medical Group v. Workers' Comp. Appeals Bd.
(Williams) (1985) 171 Cal.App.3d 1171, 1184 [50 Cal.Comp.Cases 491].) One such exemption
or exception is that the statute is tolled by an employer's failure to notify an injured employee of
a potential right to benefits, as required by Labor Code section 5401(a). (Martin, supra, 39 Cal.3d
at p. 60.)
Administrative Rule 9812(g)(3) (former)
If the claims administrator alleges that the injury has caused no permanent disability, the claims administrator shall advise the employee that no permanent disability indemnity is payable. This notice shall be sent together with the last payment of temporary disability or within 14 days after the claims administrator determines that the injury has caused no permanent disability.
Defendant failed to provide this notice for the 2005 injury, tolling the statute of limitations.
From the decision · page 3If the claims administrator alleges that the injury has caused no permanent
disability, the claims administrator shall advise the employee that no permanent
disability indemnity is payable. This notice shall be sent together with the last
payment of temporary disability or within 14 days after the claims administrator
determines that the injury has caused no permanent disability. The notice shall
include the employee's remedies and: