What the panel ordered
The Petition for Reconsideration was granted, the WCJ's Findings and Orders dated August 16, 2024, were rescinded, and the matter was returned to the trial level for further proceedings.
Applicant sought reconsideration of the WCJ's Findings and Orders issued on August 16, 2024, which barred the claim based on the statute of limitations. The WCJ had admitted defendant's Exhibits F and G. The WCJ filed a Report and Recommendation on the Petition for Reconsideration recommending denial. The Appeals Board granted reconsideration and rescinded the WCJ's Findings and Orders, returning the matter to the trial level for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ's decision to bar the claim based on the statute of limitations was not supported by substantial evidence because the defendant failed to provide sufficient proof that the DWC-1 claim form and notice were properly mailed and received by the applicant. New evidence showed returned mail to the applicant's address, undermining the presumption of proper service.
From the decision · page 3It is undisputed that "since no benefits have been provided to applicant, the only applicable limitation is one year from the May 4, 2021 claimed date of the injury." (F&O, Opinion on Decision, p. 10 citing Lab. Code, § 5405(a).) Applicant filed his claim on January 18, 2023. (Application for Adjudication, January 18, 2023.) Therefore, applicant's claim was filed more than one year from the May 4, 2021 claimed date of injury.